Welcome to Tara Host! By using our hosting services, registering an account, or accessing our website, you agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree, please refrain from using our services.
1. Acceptance of Terms
Tara Host (“we,” “us,” or “our”), a web hosting provider in Kenya, provides services to you (“Client,” “you,” or “your”) subject to these Terms. We may update these Terms from time to time. For significant changes, we will provide advance notice via email or on our website. Continued use of our services constitutes acceptance of the updated Terms.
2. Description of Services
We offer a range of hosting solutions, including shared hosting, VPS hosting, dedicated servers, and domain registration (“Services”). Any additional features, tools, or resources added to our Services are also governed by these Terms unless stated otherwise.
3. Use of Services
a. Lawful Use: You agree to use our Services only for lawful purposes and comply with all applicable laws and regulations.
b. Prohibited Activities: You agree not to:
- Host or distribute illegal, abusive, or harmful content, including malware, copyrighted materials without authorization, or hate speech.
- Engage in activities that disrupt or harm our infrastructure or other users, such as spamming, hacking, or overloading servers.
c. Responsibility for Content: You are solely responsible for all content you upload, publish, or distribute via our Services.
4. Account Registration and Security
a. Accurate Information: You agree to provide accurate and current information when creating an account.
b. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for any activity under your account. Notify us immediately if you suspect unauthorized access.
5. Payment Terms
a. Fees and Billing: Our website displays fees for Services, which are payable in advance. Payments must be made in Kenyan Shillings (KES) or United States Dollars (USD).
b. Late Payments: Failure to pay on time may result in service suspension or termination.
c. Refund Policy:
- Cancellations within the first 30 days are eligible for a full refund for hosting services.
- After 30 days, refunds will be prorated for unused services, excluding domain registration fees or add-ons.
6. Cancellation and Termination
a. Client-Initiated Cancellation: You may cancel services via your account or by contacting support.
b. Termination by Tara Host: We may suspend or terminate your Services with prior notice if you:
- Breach these Terms.
- Engage in activities that harm our infrastructure or reputation.
- Fail to pay fees due.
c. Immediate Suspension: In severe cases (e.g., fraud, hacking, or illegal activity), we may suspend services immediately without prior notice.
7. Limitation of Liability
a. To the fullest extent permitted by law, we shall not be liable for:
- Indirect, incidental, or consequential damages (e.g., loss of profits, data, or goodwill).
- Interruptions, delays, or errors in Services caused by factors beyond our control (e.g., natural disasters or third-party providers).
b. Non-Excludable Liabilities: This clause does not limit liability for fraud, gross negligence, or any other liability that cannot be excluded under applicable law.
8. Indemnification
You agree to indemnify and hold harmless Tara Host, its affiliates, officers, and employees from claims, damages, or expenses arising from:
- Your use of our Services.
- Your violation of these Terms.
- Your infringement of any third-party rights.
9. Modifications to Services
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with prior notice for significant changes. For minor adjustments, we will notify users via the website or email.
10. Data Protection and Privacy
a. Compliance: We adhere to applicable data protection laws, including Kenya’s Data Protection Act and other international standards like GDPR for users outside Kenya.
b. User Responsibilities: If you collect or process personal data via our Services, you are responsible for compliance with applicable laws.
c. Privacy Policy: For details on how we collect, store, and process data, please refer to our Privacy Policy.
11. Governing Law and Dispute Resolution
a. Governing Law: These Terms shall be governed by the laws of Kenya.
b. Dispute Resolution:
- Any disputes shall first be resolved through good-faith negotiations.
- If unresolved, disputes shall be referred to arbitration in Kenya, as per the Arbitration Act, 1995.
12. Notices and Communications
a. Client Communication: We will communicate with you via the email provided in your account or through notices on our website.
b. Contact Us:
For questions or concerns regarding these Terms, contact us at:
- Email: help@tarahost.co.ke
- Phone: +254 710 762 522
13. Entire Agreement
These Terms constitute the entire agreement between you and Tara Host, superseding prior agreements. Failure to enforce any provision does not constitute a waiver of that provision.
Acknowledgement
By using our Services, you acknowledge that you have read, understood, and agreed to these Terms.