General Terms

Welcome to Sadeem website, owned and controlled by Sadeem, a company registered in and governed by the laws of the Kingdom of Saudi Arabia.

The terms "Sadeem", "our", "us" and "we" refers to Sadeem and the terms "you", "your" "user" , "customer" and "subscriber" refer to registered subscribers to the Services we provide. This page explains the terms by which you may use our website and any other services or applications owned, controlled, or offered by Sadeem in association with our website (collectively referred to as the "Services").

By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms of Service ("Terms of Services"), which also incorporates our Privacy Policy, whether or not you are a registered user of our Services. If you do not agree to be bound by these Terms of Services (or any future terms of use), do not use or access (or continue to access) the Services. These Terms of Services apply to all visitors, users, and others who access the Services.

If, for any reason, any of the provisions of these Terms of Service are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that any such provisions are illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Services and the remainder of the Terms of Services shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms of Services set out the entire agreement and understanding between us and you in relation to your use of the Services and supersedes all previous agreements, representations and arrangements between us and you (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

No failure or delay by us in exercising any right, power or privilege under the Terms of Services shall operate as a waiver of such right or acceptance of any variation of the Terms of Services and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. Nothing in the Terms of Services shall confer or purport to confer on any other third party, any benefit or the right to enforce any provision of the Terms of Service.

Access and Registration

The Services are intended solely for users who are fifteen (15) years of age or older. Any registration, use or access to the Services by anyone under 15 is strictly prohibited and in violation of these Terms of Services. If you register for the Services as an entity, then this entity shall be a corporation, limited liability company, partnership, or any other legal entity duly formed and in good standing, as applicable, and you shall possess all legal authority and power to accept and be bound by these Terms of Services.

As a condition to using our Services, you are required to register with Sadeem and represent, warrant and covenant that you provide us with accurate, truthful, and complete registration information and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Services, which may result in immediate termination of your account.

You shall not provide any false personal information or create any account for anyone other than yourself without such person's permission.

We reserve the right to refuse registration of, or cancel an account at our sole discretion. You are solely responsible and liable for any activity that occurs on your account and shall be responsible for maintaining the confidentiality of your registration information. You shall never use another user's account without such other user's prior express permission. You will immediately notify us by email at [email protected] of any unauthorized use of your account, or other account-related security breach of which you are aware.

You are responsible for making all the necessary arrangements to ensure you can access the Services (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduction in the functionalities you may encounter as a result of or in connection with accessing the Services through mobile services or any similar service currently known or developed in the future.

By accessing the Services or agreeing to receive messages or notifications from Sadeem through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

Personal Information

When you set up an account with Sadeem your personal information, including your PayPal or credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will NOT sell your personal information to third party (other than a company that may purchase Sadeem), and will take reasonable steps to keep it from being disclosed to any third party.

By using our Services you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy. In particular, we may use information we hold about you for the purposes of internal review and general service improvements.

The Services we provide

In exchange for the fees you charged in advance, we provides you with a technical infrastructure to host applications and store data connected to the internet, the technical characteristics of which are described on-line on our website and our system, we will host your website or web application on one or more of our servers, so long as you abide by the terms and conditions that are set out in these Terms of Services and in any other agreements that related to the Services we may provide to you. We will provide the Services according to the specifications of the Services package you select during the creation process.

Service Availability

Sadeem uses reasonable endeavors to provide the Services 24 hours a day, 7 days a week for as long as you have paid for them. Occasionally and for a number of reasons, such as equipment malfunctions or periodic maintenance procedures or repair, we reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed and the Services may be unavailable to you. You hereby acknowledge that due to the nature of cloud hosting technology, occasional unavailability of the Services cannot be avoided. Sadeem makes no representations or guarantees to provide you with uninterrupted Services.

Backups & Data Loss

You agree that your use of Sadeem Services is at your own risk, and that Sadeem is not liable for any data loss in connection with its Services. You are solely responsible for creating external backups of your data and content. We cannot guarantee that we will be able to backup you data during any kind of unexpected failure reasons at any level of our services, or that your data will be unharmed as a result of initial data loss or the subsequent of rescue procedures of any kind of unexpected failure reasons at any level of our services. To that end, we highly recommend that you establish your own routine external backup procedure and that you periodically test restoring files from your backup media to ensure that you are making viable backups.

Content

The Services provided by Sadeem may only be used for lawful purposes. You hereby agree to indemnify and hold harmless Sadeem from any claims resulting from the use of the Services.

For us to be able to host your website or web application, it is necessary for you to upload your content to our servers and to create one or more copies of your content on our system. By purchasing the Services from us, you hereby acknowledge that these copies are being made, and you give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

You are entirely responsible for all of your information that you upload, post, email, transmit or otherwise make available via our Services. We do not control your information or the information of or posted by other users and do not guarantee the accuracy, integrity or quality of your information or the information of or posted by other users. We do not endorse any opinions expressed by you or other users.

We do not have any obligation to monitor, nor do we take responsibility for, your information, public information or information of or posted by other users. You hereby agree that under no circumstances will Sadeem, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in your information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of your information or information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Services, or for any failure to correct or remove information.

It is prohibited to use the Services in order to infringe upon any copyright or trademark. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email us at [email protected]Sadeem.io with information about the possible infringement.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Sadeem systems may be monitored for all lawful purposes, including ensuring that use is authorized, to manage said system, 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. These Terms of Services and your use of the Services constitute consent to monitoring for these purposes.

Payment & Billing

You hereby acknowledge and confirm that the obligation of frequently update your credit balance and keep it in a positive state in order to cover your services hourly usage is solely and exclusively your responsibility and not the obligation of Sadeem. You hereby release Sadeem from any and all liabilities for failure for any reason to update you balance and from any consequences actions that may be taken by Sadeem accordingly, like proceed on services automatic termination procedures without any prior notice.

Subject to these Terms of Services, you hereby agree to charge your account for all applicable fees for the Services in effect at the time of your creation. Payment for the Services usage can only be made by the valid payment method available on our system in your account panel.

Also you hereby agree to charge your account for the used services hourly up to its monthly cap which announced in our website and our system, where we calculated the hourly rates based on each plan monthly cap, where the month has about 720 hour.

Also you hereby agree and acknowledged that Sadeem may charge your account 1.5 SAR per each additional GB once any of your instances exceeded the allocation monthly bandwidth quota which determined and announced for each plan. And if your credit balance doesn’t have enough balance that covers your extra bandwidth usage the concerned instance will keep running but the system will null its IP and that instance will not be able to send/receive any traffic nor accessible remotely unit you recharge your credit balance to un-null the IP automatically back again.

Also you hereby agree and acknowledged that your account will be charged for any powered-off instance of your services, as Sadeem reserve all of that instance’s resources (disk storage, CPU, RAM, IP) while it powered-off.

Refund Policy

No refunds will be provided if you transferred us any amounts in order to charge your credit balance to use our services.

Service Cancellation

You may cancel or terminate any of your services without commitment or giving any prior notice or request to Sadeem, where’s like action could be performed manually by yourself or by anyone of your staff member that you’ve invited him to manage your account and you granted him the permission to do so, where termination action could be executed manually from inside the entitled service’s panel.

Once like action is performed and completed you hereby acknowledge and confirm that the terminated service will never be restored back, and you’ll not be able to restore any kind of data or content that was hosted or allocated on the terminated service, nor illegal to request that from Sadeem nor asking to restore up your service back again.

Automatic Suspension

Sadeem may suspend your account once there’re a due fees not settled and your credit balance does not covers your usage, We typically send low balance notification email once your account balance reached less than $10 or 10% of your previous monthly usage, and once your account reached Zero balance it will be suspended automatically and you’ll receive account suspension notification email by suspending your account, advising you to recharge you balance ASAP to avoid services’ automatic permenant termination.

While your account being suspended your instances will keep running normally and still send/receive traffic, but you or your team will not be able to create new instances nor managing any of your current instances, that till you recharge your credit balance to recover the full control back again and avoid services’ automatic termination where your account will be suspended for 3 days and then your services/servers/instances will be powered-off automaticly, and they will kept powered-off for extra 7 days then they will be terminated permanently if your account still in a negative balance state.

Automatic Services Termination

Sadeem may terminate your Services, in whole or in part, without notice in the event that:

  1. You fail to recharge your credit balance in order to covers your services’ usage costs and pay any fees due on your account; that the gross periods of account suspension and services automated had poweed-off has finished as detailed and referenced previuosly in Automatic Suspension clause.
  2. you violate any term of this Agreement;
  3. your conduct may harm Sadeem or others or cause Sadeem or others to incur liability, as determined by Sadeem in our sole discretion.
Accordingly, the process of automatic termination of the Services for any reason will be deleted permanently with any included data or information provided by the Customer, User or any other party. Accordingly, Customer or any other party shall not be entitled to claim Sadeem to restore the Service or Services (Servers) Or its information or contents even if the due amounts on their account have been paid and setteled .

Proprietary Rights

Sadeem owns and retains all proprietary rights in the Services, including the copyrighted material, trademarks, and other proprietary information of Sadeem, its licensors and licensees. These Terms of Service do not confer any rights to you in our intellectual property or technology.

Sadeem As Reseller Or Sub-Licensor

For some or all components of the Services, Sadeem may be acting as a reseller or sub-licensor of certain services, hardware, software and equipment used in connection with the Services that were or are manufactured or provided by a third party ("Third Party Products"). Sadeem shall not be responsible for any changes in the Services that cause the Third Party Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Third Party Products either sold, licensed or provided by Sadeem to the user or purchased directly by the user used in connection with the Services will not be deemed a breach of Sadeem's obligations under these Terms of Service.

Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of Third Party Products are limited to those rights extended to you by the manufacturer of such Third Party Products. You are entitled to use any Third Party Products supplied by Sadeem only in connection with the permitted use of the Services. You shall use your best efforts to protect and keep confidential any intellectual property provided by Sadeem to you through any Third Party Products and you shall make no attempt to copy, alter, reverse engineer, or tamper with any such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Third Party Products, or any technical data derived therefrom, in violation of any applicable law.

Changes to these Terms of Service

Due to our evolving business, and the changing nature of the hosting industry, these Terms of Service may change. We will post the changes here, and your continued use of the Services means you accept the changes we have made.

We reserve the right to modify, amend or change the Terms of Service at any time (a "Change(s)"). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms of Service. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes. Your continued use of the Services following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms of Service.

Indemnification

You hereby agree to indemnify and hold Sadeem and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of (i) your breach of your representations and warranties, and/or (ii) your breach of these Terms of Service or of the documents it incorporates by reference, or/and (iii) your use of the Services, or/and (iv) your violation of any law, statute, ordinance or regulation or of the rights of any third party.

Should Sadeem be sued or threatened with legal action from a third party due to any of your actions while using the Services, you hereby agree to reimburse us for all costs and charges if Sadeem is found liable or pays any sum to settle the dispute. This includes any payments to satisfy a judgment or to settle a case, as well as reasonable legal fees and all other costs Sadeem may incur in conducting its defense.

Disclaimer of Warranties

Sadeem hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "as is" and "as available" basis. Sadeem makes no warranty the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. Sadeem does not warrant, nor make any representations regarding the use, or results of, any of the Services it provides, in term of their correctness, accuracy, reliability, or otherwise.

Limitation of Liability

You are solely responsible for the proper operation of your web-site and/or conduct of your business and all other matters under your control. In no event shall Sadeem be liable to you for any damages arising from or related to your operation of your web-site and/or business or failure to operate your web-site and/or business.

This section applies to all claims by you or your end users irrespective of the cause of action underlying the claim, including, but not limited to, breach of contract, tort, including but not limited to negligence, strict liability, fraud, and/or misrepresentation.

Regardless of the type of claim or the nature of the cause of action, you agree that in no event will Sadeem be liable to you in any manner whatsoever: (a) for any decision made or action or non-action taken by you in reliance upon the information provided through the services; (b) for loss or inaccuracy of data or, cost of procurement of substitute goods, services or technology; (c) for any indirect, special, incidental, consequential, or punitive damages, including but not limited of your inability to use our services, your loss of data or files, to loss of revenues, loss of profits or loss of reputation, for business interruption or similar action, even if Sadeem has been advised of the possibility of such damages.

The total aggregate and maximum liability of Sadeem and the affiliates, arising from or otherwise relating to this agreement (regardless of the form of action or claim) is limited to the amount you have paid to Sadeem during one month prior to the accrual of the cause or causes of action.

Interpretation and Enforcement

The laws of the Saudi Arabia shall govern the interpretation and enforcement of these Terms of Service and your access to and/or use of (or any inability to use) the Services. You hereby expressly acknowledge and agree that the Courts of the Kingdom of Saudi Arabia shall have a non-exclusive jurisdiction to settle/hear any claims relating to your access to and use of (or any inability to use) the Services.

Complaints

In order to file a complaint with Sadeem, you should first contact our Customer Support team via the ticketing system in your account area or email us at [email protected]Sadeem.io .

Effective date

These Terms of Service were last updated on January 1, 2017.

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