Terms of Service

I. Introduction

Explorer Technologies welcomes you to our web hosting platform, where we provide an array of hosting services designed to meet your online presence needs. Please take a moment to familiarize yourself with our Terms and Conditions, as they govern your use of our services. By accessing and using our services, you agree to abide by the terms and conditions outlined herein.

Contact Information

 If you need to reach out to us for any reason, our dedicated support team is here to assist you. You can contact us at contact@ethosting.net. Whether you have questions, require technical assistance, or wish to discuss any aspect of our services, please don’t hesitate to get in touch with us. We value your feedback and are committed to providing timely and effective support.

 Our official website, www.ethosting.net, serves as the primary platform for accessing information about our hosting services, updates, promotions, and additional policies. We encourage you to visit our website regularly to stay informed about any changes or developments that may affect your hosting experience with us.

II. Additional Policies and Agreements

In addition to these Terms and Conditions, users are required to fully comply with a range of additional policies and agreements, all of which are integral to the provision of services by Explorer Technologies Hosting. These policies and agreements include but are not limited to:

1. Privacy Policy: This policy outlines how user data is collected, used, and protected. It defines the company’s commitment to safeguarding user privacy and informs users about their rights and responsibilities concerning their personal information.

2. Acceptable Use Policy: This policy delineates acceptable and unacceptable uses of Explorer Technologies Hosting. Users must adhere to guidelines related to content, security, and ethical use of services to maintain a safe and productive online environment.

3. Refund Policy: This policy details the conditions and procedures for requesting refunds for services provided by Explorer Technologies Hosting. Users are encouraged to review this policy to understand the refund process.

4. Fair Usage Policy: This policy outlines the fair usage limits and restrictions associated with certain services. It is essential for users to be aware of these limitations to prevent excessive resource consumption and ensure equitable service availability.

5. Domain Registration Agreement: This agreement governs the registration and management of domain names through Explorer Technologies Hosting. It includes terms related to domain ownership, renewal, and transfer.

6. .NG Domain Names Agreement: For users registering Nigerian domain names (.NG), this agreement provides specific terms and conditions that apply to the registration and management of these domains.

7. Web Development Terms of Service: Users utilizing web development services are subject to this agreement. It outlines the scope of work, timelines, and responsibilities of both parties in web development projects.

8. Reseller Hosting Terms of Service: Resellers of Explorer Technologies Hosting must adhere to these terms, which define the relationship between the reseller and the company, as well as the responsibilities of each party.

9. Enterprise Cloud Server Terms of Service: For users utilizing enterprise cloud server services, this agreement sets forth the terms and conditions governing the use, management, and maintenance of dedicated cloud server resources.

10. SiteBuilder Terms of Service: Users of the SiteBuilder tool are bound by these terms, which specify the use of the website builder platform, its features, and customization options.

11. SSL Terms of Service: This agreement governs the purchase, issuance, and management of SSL certificates, ensuring secure data transmission between users and their websites.

12. Backup Policy: Users are encouraged to review this policy, which explains the backup procedures, retention periods, and responsibilities regarding data backup and recovery.

13. Cybercrime Detection Policy: This policy outlines the company’s efforts to detect and mitigate cybercrimes and their impact on services. Users should understand their role in reporting security incidents.

14. Domain Name Deletion and Autorenewal Policy: This policy defines the processes and timelines for domain name deletion and autorenewal, helping users maintain control over their domain registrations.

III. User Agreement

A. Clear Guidelines for Acceptable Use of Services

In order to maintain a secure, reliable, and respectful online environment, Explorer Technologies Hosting has established clear and unequivocal guidelines for the acceptable use of its services. These guidelines are designed to promote responsible and ethical behavior among users and to ensure that the services are utilized in a manner that complies with local, national, and international laws. The following are key aspects of these guidelines:

1. Content Standards: Users are expected to adhere to high content standards. This includes refraining from posting, transmitting, or sharing any content that is unlawful, harmful, offensive, defamatory, or infringes upon the rights of others. Hate speech, harassment, and the dissemination of malicious software or malware are strictly prohibited.

2. Security: Users must take reasonable precautions to protect their accounts, login credentials, and any sensitive information. Unauthorized access to accounts, attempts to compromise security, or any activity that may harm the security of the services

IV. Account

A. Account Creation and Security

1. Account Creation: To access the services provided by Explorer Technologies Hosting, users are required to create an account. During the registration process, users must provide accurate and complete information, including their name, contact information, and payment details if applicable. It is the user’s responsibility to ensure that the provided information is up-to-date and accurate.

2. Login Credentials: Users will be required to choose a username and password during the account creation process. These login credentials are confidential and should not be shared with anyone. Users are responsible for maintaining the confidentiality of their login information and for any activities that occur under their accounts. In the event of any unauthorized access or suspicion of account compromise, users must immediately notify Explorer Technologies Hosting for assistance.

3. Access Control: Users are responsible for controlling and restricting access to their accounts. They may not use or attempt to use the accounts of others without proper authorization. Unauthorized access to accounts, whether through hacking, password theft, or any other means, is strictly prohibited and may result in account termination and legal action.

1. Grounds for Termination: Explorer Technologies Hosting reserves the right to terminate or suspend user accounts for various reasons, including but not limited to:

 Violation of the Terms and Conditions, including additional policies and agreements.

 Engagement in illegal activities or the facilitation thereof.

 Repeated or severe violations of the Acceptable Use Policy.

 Failure to make payments for services in accordance with the Payment Information provided.

 Security concerns or breaches, including unauthorized access attempts.

 Requests for account closure by the user.

2. Notification: In the event of account termination or suspension, Explorer Technologies Hosting will make reasonable efforts to notify the affected user via the contact information provided in the account. However, the company reserves the right to take immediate action, particularly in cases where the violation poses a significant risk to the company or other users.

3. Appeals: Users have the right to appeal account terminations or suspensions. The process for submitting an appeal, if available, will be communicated to the user in the notification of the account action. Appeals will be reviewed in a timely manner, and decisions will be made based on the circumstances and the company’s policies.

4. Data Retention: Upon account termination, Explorer Technologies Hosting may retain user data and content for a specific period as outlined in the Backup Policy or as required by applicable laws and regulations.

V. Representations and Warranties

A. Customer and Company Representations

1. Customer Representations: Users of Explorer Technologies Hosting, hereinafter referred to as “Customers,” acknowledge and affirm the following representations:

a. Accuracy of Information: Customers represent that all information provided to the company during the account registration process, payment, or any other interaction is accurate, complete, and up-to-date. This includes personal information, contact details, and payment information.

b. Compliance with Laws: Customers represent that their use of the services will at all times comply with applicable laws, regulations, and industry standards. This includes, but is not limited to, compliance with copyright, trademark, privacy, and data protection laws.

c. Authorization: Customers represent that they have the legal authority and capacity to enter into agreements and to use the services. If the customer is representing an entity or organization, they affirm that they have the authority to bind that entity to these Terms and Conditions and any related agreements.

d. No Unauthorized Access: Customers agree not to engage in any unauthorized access or hacking activities, or attempt to disrupt or compromise the security, integrity, or availability of the services or other users’ accounts.

2. Company Representations: Explorer Technologies Hosting, hereinafter referred to as “the Company,” makes the following representations:

a. Service Availability: The Company represents that it will make reasonable efforts to provide continuous and reliable access to its services. However, the Company does not guarantee uninterrupted service and acknowledges that occasional disruptions may occur due to maintenance, upgrades, or unforeseen circumstances.

b. Data Protection: The Company represents its commitment to safeguarding customer data in accordance with its Privacy Policy and industry best practices. However, the Company cannot guarantee the security of user data beyond its reasonable control.

1. No Warranty by the Company: The Company expressly disclaims all warranties, whether expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The services are provided “as is” and “as available,” and the Company makes no warranties regarding the accuracy, completeness, reliability, or timeliness of the services.

2. Third-Party Services: The Company may provide access to or integrate with third-party services, applications, or content. These third-party services are not under the control of the Company, and the Company disclaims any warranties or liability associated with such third-party services. Users are responsible for reviewing and agreeing to the terms of use and privacy policies of third-party services they access through the Company’s services.

3. User Responsibility: Customers understand and acknowledge that they are solely responsible for the use of the services, including the accuracy and legality of content they create, upload, or share. The Company does not endorse, verify, or guarantee the content created or shared by users.

4. Limitation of Liability: Please refer to Section XXII (Limitation of Liability) for further details regarding limitations on the Company’s liability.

VI. Domain Name Registration

A. Procedures for Domain Registration

1. Domain Availability Check: To register a domain name with Explorer Technologies Hosting, users should start by conducting a domain availability check. This allows them to verify whether their desired domain name is available for registration. Users can perform this check on the company’s website by entering the desired domain name.

2. Selection of Domain Extension: Users can choose from a variety of domain extensions, including popular options like .com, .net, and .org, as well as country-code extensions like .ng for Nigeria. The selection of the appropriate domain extension is an essential step in the registration process.

3. Registration Process: Once users have selected an available domain name and extension, they can proceed with the registration process. This typically involves providing contact information and selecting a registration period (usually in yearly increments). Users may also have the option to purchase additional services, such as privacy protection to keep their contact details private.

4. Payment: Users are required to provide payment information to complete the registration process. The company will typically offer various payment methods, such as credit cards, PayPal, and other secure payment options.

5. Confirmation: After successful registration, users will receive a confirmation email or notification that includes details about the registered domain, registration period, and any additional services purchased.

1. Ownership: When a user registers a domain name through Explorer Technologies Hosting, they become the legal owner of that domain for the duration of the registration period. The user has the right to use, manage, and transfer the domain as they see fit during this time, provided they comply with the company’s policies and any applicable laws and regulations.

2. Transfer to Another Registrar: Users have the option to transfer their domain names to another registrar if they wish to do so. The transfer process typically involves the following steps:

a. Initiation: The user initiates the transfer process with the new registrar, providing the necessary authorization codes and initiating the transfer request.

b. Confirmation: The current registrar (Explorer Technologies Hosting) receives the transfer request and may send a confirmation email to the domain owner. The owner confirms the transfer request.

c. Transfer Approval: The current registrar releases the domain to the new registrar, allowing the transfer to be completed.

d. Transfer Completion: The domain is transferred to the new registrar, and the user gains access to the domain management tools provided by the new registrar.

3. Ownership Verification: It’s important for domain owners to verify their ownership details and ensure they have access to the email address associated with the domain. Failure to maintain accurate contact information can lead to complications during the transfer process.

4. Domain Locking: Users may have the option to lock their domains to prevent unauthorized transfers. This added security measure helps protect domain ownership.

VII. Transfers from Other Providers

A. Process for Transferring Services from Other Providers

Transferring services from one hosting provider to Explorer Technologies Hosting can be a smooth and efficient process when the correct steps are followed. The company has established a well-defined process to ensure that users can seamlessly migrate their websites, domains, and other services. Here’s an overview of the typical process for transferring services:

1. Preparation and Research:

 Before initiating the transfer, users should thoroughly research their current hosting provider’s policies and understand any contractual obligations, renewal dates, or potential fees associated with the transfer.

 Users should ensure that they have backups of their website content, databases, and any other data that needs to be moved.

2. Create an Account with Explorer Technologies Hosting    :

 Users who do not already have an account with Explorer Technologies must create one. This involves providing accurate contact information and payment details.

3. Choose a Hosting Plan:

 Users should select a hosting plan that meets their needs, whether it’s shared hosting, dedicated hosting, or any other hosting service offered by Explorer Technologies.

4. Initiate the Transfer:

 Users can initiate the transfer process by contacting Explorer Technologies’ customer support or using the online transfer request form provided on the company’s website.

 During this step, users may need to provide information about the services they wish to transfer, such as domain names, websites, databases, and email accounts.

5. Authorization and Verification:

 Explorer Technologies will work with users to verify their ownership and authorization to transfer the services. This may involve confirming domain ownership and providing authorization codes for domain transfers.

6. Migration and Data Transfer:

 The actual migration process will vary depending on the services being transferred. For websites, this may involve moving website files and databases. For domains, it typically involves updating DNS settings.

7. Testing and Verification:

 After the transfer is complete, users should thoroughly test their websites and services to ensure everything is functioning correctly in the new hosting environment.

8. DNS Propagation:

 It’s important to note that DNS changes may take some time to propagate across the internet. During this period, users may experience temporary discrepancies in website access.

9. Communication and Support:

 Throughout the transfer process, users can rely on Explorer Technologies’ customer support for assistance and guidance. Any issues or questions that arise can be addressed promptly.

B. Requirements for Transferring Services from Other Providers

Transferring services from other providers to Explorer Technologies typically requires the following:

1. Access to Current Provider’s Account: Users must have access to their current hosting provider’s account to facilitate the transfer. This includes access to domain management, website files, databases, and email accounts.

2. Authorization Codes for Domain Transfers: If transferring domain names, users may need to obtain authorization codes (also known as EPP codes) from their current registrar to initiate the domain transfer process.

3. Website and Data Backups: Users are responsible for backing up their website files, databases, and any other data they wish to transfer. This ensures that no data is lost during the migration process.

4. Understanding of DNS Settings: Users should have a basic understanding of DNS settings and how to update them. This is particularly important for domain transfers and ensuring that websites point to the correct hosting environment.

5. Clear Communication: Effective communication with Explorer Technologies’ support team is crucial. Users should provide accurate information and respond promptly to any requests or inquiries during the transfer process.

VIII. Transfers of Registered Accounts and Websites

A. Guidelines for Transferring Registered Accounts and Websites

Transferring registered accounts and websites to Explorer Technologies involves a structured process to ensure a smooth transition and minimize disruptions. The company provides clear guidelines for users seeking to move their existing accounts and websites to its hosting services:

1. Contact Explorer Technologies: Users interested in transferring their registered accounts and websites to Explorer Technologies should initiate the process by contacting the company’s customer support. This can typically be done through the company’s website or by reaching out via email or phone.

2. Provide Necessary Information: Users will be required to provide specific details about their current hosting environment. This may include the type of website content management system (CMS) being used, the size of the website, the number of databases, and any special configurations.

3. Review Compatibility: Explorer Technologies’ technical team will assess the compatibility of the existing website with its hosting infrastructure. This step helps ensure that the website can be seamlessly migrated without issues.

4. Backup Website Data: Users are encouraged to create a backup of their website data, including files, databases, and any configurations. This precautionary step ensures that no data is lost during the transfer process.

5. Access Credentials: Users should be prepared to provide access credentials to their existing hosting accounts or websites, as this information will be needed for the migration.

6. DNS Configuration: If transferring domain names along with the website, users should understand how to configure DNS settings to point to the new hosting environment. This may involve updating nameservers or DNS records.

7. Testing: After the migration is completed, users should thoroughly test their websites to confirm that all functionalities are working correctly in the new hosting environment.

8. Communication: Effective communication with Explorer Technologies’ support team is essential throughout the transfer process. Users should promptly respond to any requests for information or assistance.

1. Fees: While Explorer Technologies may offer free website migration assistance as part of certain hosting plans or promotions, there may be fees associated with complex or time-intensive transfers. These fees, if applicable, are typically communicated to users during the initial consultation or assessment phase.

2. Timelines: The timeline for transferring registered accounts and websites can vary depending on several factors, including the complexity of the transfer and the responsiveness of the user. Simple transfers may be completed within a few hours, while more complex transfers could take several days. Users should discuss the estimated timeline with the company’s support team during the consultation phase.

3. Minimizing Downtime: Explorer Technologies strives to minimize downtime during the transfer process. However, some temporary downtime may occur during DNS propagation, which is a normal part of domain transfers.

4. Service Continuity: Users should plan for service continuity by ensuring that email accounts, databases, and other critical services are properly configured in the new hosting environment to avoid any disruptions.

IX. Intellectual Property

A. Rights and Responsibilities Concerning Intellectual Property

Intellectual property (IP) is a critical aspect of online presence and content creation. Explorer Technologies outlines the rights and responsibilities concerning intellectual property to ensure a fair and legally compliant environment for its users:

1. Ownership of Content: Users retain ownership of the content they create, publish, or upload to Explorer Technologies’ servers. This includes website content, images, videos, text, and any other intellectual property they produce.

2. License to Use: By using Explorer Technologies, users grant the company a limited license to host, display, and distribute their content as necessary to provide the services. This license is revocable and non-exclusive.

3. Respect for Third-Party IP: Users are responsible for ensuring that their content does not infringe upon the intellectual property rights of others, including copyright, trademark, and patent rights. Users should seek appropriate permissions or licenses for any third-party content they use.

4. Reporting IP Infringements: Users are encouraged to promptly report any instances of intellectual property infringement by other users to Explorer Technologies. The company takes such reports seriously and may take appropriate action, including content removal, in response to valid complaints.

1. Copyright Compliance: Explorer Technologies expects users to comply with copyright laws and regulations. This includes respecting the intellectual property rights of others by not reproducing, distributing, or publicly displaying copyrighted material without proper authorization or a legitimate fair use justification.

2. DMCA Compliance: Explorer Technologies complies with the Digital Millennium Copyright Act (DMCA) and provides a mechanism for copyright holders to report copyright infringement. Upon receiving a valid DMCA takedown notice, the company may remove or disable access to the infringing material.

3. Trademark Compliance: Users are expected to respect trademark rights by refraining from using trademarks owned by others in a way that may cause confusion, mislead users, or imply endorsement. Trademark owners are encouraged to report trademark violations to Explorer Technologies.

4. Fair Use: Users should be aware of the principles of fair use when using copyrighted material. Fair use allows for limited use of copyrighted material for purposes such as criticism, commentary, news reporting, and education. Users should understand the legal limitations and requirements for fair use.

5. User Responsibility: Users are responsible for conducting due diligence to ensure that their content, including images, text, and multimedia, is either created by them, licensed for use, or falls within the bounds of fair use. Ignorance of copyright or trademark violations is not a valid defense.

6. Resolution of Disputes: In cases of intellectual property disputes, Explorer Technologies may act as an intermediary to facilitate resolution between the parties involved. However, the ultimate responsibility for legal compliance rests with the user.

X. Prohibited Activities

A. List of Prohibited Activities and Content

Explorer Technologies maintains a strict policy against certain activities and content to ensure the safety, integrity, and legality of its services. Users are prohibited from engaging in the following activities or hosting the following content:

1. Illegal Activities: Users may not use the services for any unlawful activities, including but not limited to engaging in or promoting activities related to fraud, hacking, illegal file sharing, or distribution of illegal substances.

2. Malware and Hacking: The distribution or hosting of malware, viruses, or any content or software intended to compromise the security of systems, networks, or data is strictly prohibited.

3. Phishing and Identity Theft: Activities aimed at deceptive practices, such as phishing, identity theft, or any form of online fraud, are not allowed.

4. Spam and Unsolicited Communication: Users must comply with the Zero Tolerance Spam Policy (Section XI) and refrain from sending unsolicited emails, messages, or other forms of communication.

5. Hate Speech and Harassment: Content that promotes hate speech, harassment, discrimination, or violence based on race, religion, ethnicity, gender, or any other protected characteristic is prohibited.

6. Adult Content: Hosting or distributing adult content, including explicit sexual material, is only allowed in accordance with applicable laws and Explorer Technologies’ policies. Users should ensure their content complies with legal regulations.

7. Copyright and Trademark Infringement: Users may not use the services to infringe upon the intellectual property rights of others, including copyright, trademark, or patent rights. This includes reproducing, distributing, or publicly displaying copyrighted or trademarked material without proper authorization.

8. Illegal File Sharing: Hosting or sharing copyrighted material, such as movies, music, software, or other proprietary files, without proper licensing or authorization is strictly prohibited.

9. Resource Abuse: Users must adhere to resource usage policies (Section XVI) and not engage in activities that cause excessive strain on server resources, degrade service quality, or negatively impact other users.

10. Prohibited Content: Content that is defamatory, libelous, obscene, or otherwise illegal or inappropriate is not allowed.

11. Gambling and Betting: Hosting or promoting gambling, betting, or related activities may be subject to legal restrictions and is prohibited unless explicitly permitted by the hosting jurisdiction and compliant with all relevant regulations.

12. Violence and Threats: Content that promotes violence, self-harm, or threats to individuals or groups is strictly prohibited.

B. Consequences of Violations

Explorer Technologies takes violations of its Prohibited Activities policy seriously and may impose a range of consequences in response to such violations. These consequences may include, but are not limited to:

1. Content Removal: Content that violates the Prohibited Activities policy may be subject to removal or suspension by the company.

2. Account Suspension: In cases of severe violations or repeated offenses, user accounts may be suspended temporarily or indefinitely.

3. Legal Action: The company may take legal action against users who engage in illegal activities, such as copyright infringement or fraud.

4. Service Termination: Explorer Technologies reserves the right to terminate services for users found in violation of the Prohibited Activities policy. This may result in the loss of access to all hosted services.

5. Reporting to Authorities: In cases of illegal activities, the company may report violations to law enforcement authorities.

6. Notification: Users found in violation of the Prohibited Activities policy may receive notifications and warnings from the company outlining the specific violations and requesting corrective actions.

XI. Zero Tolerance Spam Policy

A. Strict Anti-Spam Policy and Enforcement

Explorer Technologies maintains a zero-tolerance stance against spam in all its forms. Spam not only disrupts the online experience but can also have harmful effects on networks, resources, and user trust. The company is committed to enforcing a strict anti-spam policy to ensure the integrity of its services:

1. Definition of Spam: Spam is broadly defined as unsolicited and irrelevant messages or content sent in bulk through various communication channels, including email, messaging systems, comments, or any other means of digital communication. It includes, but is not limited to, the following:

 Unsolicited commercial emails (UCE)

 Phishing emails and messages

 Chain letters and pyramid schemes

 Malicious software distribution

 Fake or misleading advertisements

 Messages that violate anti-spam laws and regulations

2. Anti-Spam Tools: Explorer Technologies employs advanced anti-spam tools and filtering mechanisms to identify and prevent spam from reaching users’ inboxes. These tools are designed to minimize the impact of spam on the network and protect users from unsolicited and potentially harmful content.

1. Reporting Spam: Users and recipients who encounter spam through Explorer Technologies’ network or services are encouraged to report it promptly. Reports can be made through the provided reporting mechanisms on the company’s website or by contacting customer support.

2. Investigation: Upon receiving spam reports, Explorer Technologies will conduct an investigation to determine the validity of the report and identify the source of the spam. Users who are identified as sending spam may be subject to penalties as outlined below.

3. Penalties for Spamming: The company enforces penalties to deter and address spamming activities, which may include, but are not limited to, the following:

i. Account Suspension: Users found to be sending spam may have their accounts suspended temporarily or permanently, depending on the severity of the violation and the user’s history of spam-related offenses.

ii. Content Removal: Any content or messages found to be in violation of the anti-spam policy may be removed or disabled by Explorer Technologies.

iii. Legal Action: In cases of serious spamming offenses or illegal activities associated with spam, the company may pursue legal action against the responsible parties.

iv. Notification: Users found in violation of the anti-spam policy may receive notifications from the company outlining the specific violations and the actions taken. These notifications may also include guidance on how to prevent future violations.

XII. Payment Information

A. Billing, Payment Methods, and Due Dates

Explorer Technologies provides clear guidelines and procedures for billing, payment methods, and due dates to ensure a transparent and reliable payment process for its users:

1. Billing Frequency: The billing frequency for services is typically outlined in the user’s service agreement or subscription plan. Common billing cycles include monthly, quarterly, semi-annually, and annually.

2. Invoicing: Users will receive invoices or billing notifications through the contact information provided during account registration. Invoices include a breakdown of charges for the services used.

3. Accepted Payment Methods: Explorer Technologies accepts a range of payment methods, including but not limited to credit cards, debit cards, electronic funds transfer (EFT), flutterwave and other secure online payment options. The accepted payment methods are typically specified on the company’s website and in the user’s account management portal.

4. Due Dates: Due dates for payments are clearly indicated on invoices. Users are responsible for ensuring that payments are made by the specified due date to avoid penalties or service interruptions.

B. Late Fees and Account Suspension for Non-Payment

Explorer Technologies has policies in place to address late payments and non-payment:

1. Late Fees: Users who fail to make payments by the specified due date may be subject to late fees. The amount of late fees, if applicable, is typically outlined in the user’s service agreement or on the company’s website.

2. Payment Reminders: The company may send payment reminders to users whose payments are overdue to encourage timely payment. It is the user’s responsibility to keep their contact information up-to-date to receive these notifications.

3. Account Suspension: In cases of non-payment or repeated late payments, Explorer Technologies reserves the right to suspend or restrict access to services associated with the unpaid account. This suspension may result in the temporary loss of access to websites, email, and other hosted services.

4. Reactivation: To reactivate suspended accounts, users must settle any outstanding balances, including late fees, and bring their accounts up to date. Once payments are received and processed, access to services will be restored.

5. Data Retention: It is important to note that the company may retain user data for a specific period, as outlined in the Backup Policy, even in cases of account suspension due to non-payment. Users are encouraged to back up their data independently to prevent data loss.

Explorer Technologies strives to provide a seamless and uninterrupted hosting experience for its users. By adhering to payment due dates and promptly addressing any payment-related issues, users can maintain access to their services and enjoy a hassle-free hosting experience.

XIII. Backups and Data Loss

A. Backup Procedures and Data Loss Policies

Explorer Technologies recognizes the critical importance of data backup and has established backup procedures and data loss policies to safeguard user data and ensure business continuity:

1. Regular Data Backups: The company implements regular data backup procedures to create duplicate copies of user data, including website content, databases, and configurations. These backups are typically performed at intervals specified in the service agreement or hosting plan.

2. Redundant Storage: Backup data is securely stored in redundant storage systems to mitigate the risk of data loss due to hardware failures or unforeseen events.

3. Data Retention Policy: Explorer Technologies defines data retention policies that determine how long backup copies are retained. These policies may vary depending on the type of data and service, but they are designed to ensure that users have access to historical data when needed.

4. Backup Frequency: Backup frequency may vary depending on the specific service or hosting plan. Users are encouraged to review the terms of their service agreement to understand the backup frequency applicable to their services.

B. Customer Responsibility for Data Backup

While Explorer Technologies takes extensive measures to protect user data, users also have a crucial role to play in safeguarding their own data:

1. Data Backup Responsibility: Users are responsible for maintaining their own backups of critical data, especially data that is not part of the company’s routine backups. This includes website files, databases, and any custom configurations or scripts.

2. Backup Tools: The company may provide backup tools and utilities as part of its services. Users are encouraged to utilize these tools to create and manage their backups.

3. Data Verification: Users should regularly verify the integrity and accessibility of their backup copies to ensure that the data can be restored in case of data loss or other unforeseen circumstances.

4. Third-Party Backup Solutions: In some cases, users may opt for third-party backup solutions to supplement the company’s backups. These solutions offer an extra layer of protection and control over data backups.

5. Backup Frequency: Users should consider the criticality of their data and determine the appropriate backup frequency for their needs. This may involve more frequent backups for mission-critical data.

XIV. Promotional Terms

A. Special Offers, Discounts, and Promotions

Explorer Technologies occasionally offers special promotions, discounts, and special offers to provide added value to its customers. These promotions can encompass a variety of services and benefits, and the company maintains clear terms and conditions to govern these promotional events:

1. Types of Promotions: Promotions may include, but are not limited to, discounts on hosting plans, domain registration deals, free add-ons, extended trial periods, and other incentives to attract and retain customers.

2. Duration: Each promotion has a specified duration during which it is valid. This duration is typically communicated in the promotion’s terms and conditions and may vary from one promotion to another.

3. Eligibility: Promotions may have specific eligibility criteria, such as being available to new customers only, existing customers, or both. These criteria are outlined in the terms and conditions of the promotion.

4. Promotion Codes: In some cases, users may be required to enter a promotion code during the checkout or registration process to redeem the offer. The correct code and usage instructions will be provided as part of the promotion.

B. Terms and Conditions for Promotional Events

Explorer Technologies sets forth terms and conditions that govern promotional events to ensure transparency and fairness:

1. Expiry Date: Promotions have an expiry date, and the offered discounts or benefits are only applicable within the specified timeframe. Users must complete their transactions or registrations before the promotion ends to qualify for the promotion.

2. Limitations: Promotions may be subject to certain limitations, such as a maximum number of uses per customer or a maximum discount amount. These limitations are detailed in the terms and conditions.

3. Non-Transferable: Promotions are typically non-transferable and cannot be exchanged for cash, credit, or other forms of compensation.

4. Combining Promotions: In most cases, multiple promotions cannot be combined unless explicitly stated otherwise in the promotion’s terms and conditions.

5. Cancellation and Refunds: If a user cancels a service or request after taking advantage of a promotion, the refund or credit issued will be based on the terms of the promotion and the company’s refund policy.

6. Modification or Termination: Explorer Technologies reserves the right to modify or terminate any promotion at its discretion. Any changes to the terms and conditions will be communicated to users.

7. Fraudulent Use: The company has safeguards in place to detect and prevent fraudulent use of promotions. Users found engaging in fraudulent activities to exploit promotions may face account suspension or other penalties.

8. Compliance with Laws: All promotions are subject to compliance with applicable laws and regulations, and the company will adhere to legal requirements in offering and managing promotions.

XV. Cancellations and Refunds

A. Procedures for Canceling Services

Explorer Technologies understands that circumstances may change, and users may need to cancel their services. To facilitate this process, the company provides clear procedures for canceling services:

1. Cancellation Request: Users who wish to cancel their services should initiate a cancellation request through their account management portal or by contacting customer support. The request should include relevant details, such as the specific services to be canceled and the reason for cancellation.

2. Cancellation Confirmation: Upon receiving a cancellation request, Explorer Technologies will review the request and send a confirmation to the user. This confirmation may include details such as the effective date of cancellation.

3. Data Backup: Users are reminded of their responsibility for data backup before canceling services. It is essential to back up any critical data, website content, databases, and email accounts before the cancellation takes effect.

4. Service Termination: On the effective date of cancellation, the specified services will be terminated, and access to those services will be discontinued. Users should ensure that they have retrieved any necessary data or files before this date.

B. Refund Policies and Eligibility

Explorer Technologies has established refund policies to address user requests for refunds. The eligibility and terms for refunds are as follows:

1. Service Eligibility: Refund eligibility varies depending on the type of service and the service agreement. Some services may be eligible for a full or partial refund, while others may not be eligible for refunds, depending on the terms of the service agreement.

2. Money-Back Guarantee: Explorer Technologies may offer a money-back guarantee for certain hosting plans or services. The terms of the guarantee, including the duration and conditions, are typically outlined in the service agreement.

3. Pro-Rata Refunds: In some cases, users may receive pro-rata refunds for unused portions of prepaid services. This is particularly common for hosting plans with longer billing cycles (e.g., annual plans).

4. Non-Refundable Fees: Some fees, such as domain registration fees, setup fees, or fees for additional services, may be non-refundable. Users should review the service agreement for details on non-refundable fees.

5. Cancellation Timing: Refund eligibility may depend on when the cancellation request is made in relation to the billing cycle. For example, users may be eligible for a refund if they cancel within a specified period after the initial purchase.

6. Method of Refund: Refunds are typically processed using the same payment method used for the original purchase. If a refund is not possible through the original payment method, the company may offer an alternative refund method.

7. Processing Time: Refunds are processed within a reasonable time frame, as specified in the company’s refund policy. Users are encouraged to contact customer support for updates on refund processing.

XVI. Resource Usage

A. Fair Usage Policies for Resources

Explorer Technologies maintains fair usage policies for resources to ensure that all users can enjoy a reliable and consistent hosting experience. These policies define acceptable levels of resource consumption to prevent any single user from adversely affecting the overall performance of the server or network:

1. Resource Types: Resources covered by these policies typically include CPU usage, memory (RAM) usage, disk space, bandwidth, and other server-related resources.

2. Fair Allocation: Users are allocated a fair share of resources based on their hosting plans and the services they subscribe to. These allocations are designed to accommodate the normal needs of websites and applications.

3. Excessive Resource Usage: Excessive or sustained resource usage that goes beyond what is considered normal and fair can lead to resource abuse. This may include activities like running resource-intensive scripts or applications.

4. Resource Monitoring: Explorer Technologies monitors resource usage on its servers to identify potential resource abuse. This monitoring helps ensure that resources are distributed fairly among users.

5. Resource Alerts: In cases of resource consumption that approaches or exceeds acceptable levels, users may receive resource usage alerts or notifications. These alerts serve as warnings and reminders to optimize resource utilization.

B. Consequences of Resource Abuse

Resource abuse can negatively impact server performance and the hosting experience of other users. To maintain a stable and fair hosting environment, Explorer Technologies enforces consequences for resource abuse:

1. Resource Throttling: In cases of resource abuse, the company may implement resource throttling, which limits the amount of resources available to the offending user. This can help prevent resource abuse from affecting other users on the same server.

2. Suspension: Repeated or severe resource abuse may lead to the suspension of the user’s hosting account. During suspension, the user’s website and services may be temporarily inaccessible until the resource abuse issue is resolved.

3. Account Termination: In cases of severe or repeated resource abuse, Explorer Technologies may terminate the offending user’s hosting account. This results in the permanent loss of access to all hosted services.

4. Resource Optimization: To address resource abuse, users are encouraged to optimize their websites and applications. This may involve optimizing code, scripts, and databases to reduce resource consumption.

5. Support and Guidance: The company may provide support and guidance to help users identify and rectify resource abuse issues. This may include recommendations for resource optimization or upgrading to a more suitable hosting plan.

XVII. Bandwidth Usage

A. Guidelines for Bandwidth Consumption

Explorer Technologies provides guidelines for bandwidth consumption to help users understand how to manage their website and application traffic effectively. Bandwidth refers to the amount of data transferred between the server and users accessing the website or services:

1. Bandwidth Allocation: Users are allocated a specific amount of bandwidth based on their hosting plans. This allocation determines the maximum data transfer capacity available for their websites and applications.

2. Monitoring Bandwidth: Users can monitor their bandwidth usage through their account management portal. This allows them to track how much data is being transferred to and from their hosting environment.

3. Normal Traffic: Bandwidth guidelines are designed to accommodate normal website traffic and usage. Websites with typical content, images, and moderate visitor traffic should not exceed allocated bandwidth limits.

4. Resource-Intensive Content: Users who host resource-intensive content, such as high-resolution images, videos, or downloadable files, should be aware that these elements can consume more bandwidth. It’s important to optimize and manage such content effectively.

5. Content Delivery: Employing content delivery networks (CDNs) or offloading large files to external storage services can help reduce the impact of bandwidth consumption on the hosting environment.

B. Traffic Limitations and Overage Charges

Explorer Technologies sets limitations on traffic and may impose overage charges when users exceed their allocated bandwidth:

1. Traffic Limitations: If users exceed their allocated bandwidth, their websites or applications may experience reduced performance or temporary unavailability for the remainder of the billing cycle.

2. Overage Charges: In cases where users consistently exceed their allocated bandwidth or require additional bandwidth beyond their plan’s limits, overage charges may apply. These charges are typically communicated in the hosting plan or service agreement.

3. Billing for Overages: Overage charges are typically billed on a per-unit basis, such as per gigabyte (GB) of additional bandwidth consumed beyond the allocated amount.

4. Notification: Users who approach their allocated bandwidth limits may receive notifications or warnings, allowing them to take action to prevent or minimize overage charges.

5. Bandwidth Upgrades: Users with long-term or increased bandwidth needs may consider upgrading to a higher-tier hosting plan that provides more bandwidth capacity.

XVIII. Reseller: Client Responsibility

A. Responsibilities of Reseller Clients

Reseller clients play a crucial role in the hosting ecosystem by offering hosting services to their own customers through Explorer Technologies’ infrastructure. To ensure the smooth operation of their hosting businesses and maintain a positive hosting environment for end-users, reseller clients have several key responsibilities:

1. Customer Support: Reseller clients are responsible for providing customer support to their own customers. This includes addressing technical issues, inquiries, and concerns related to the hosting services they offer. A prompt and helpful support system enhances the customer experience.

2. Service Management: Reseller clients are accountable for managing the services they resell, such as hosting accounts, domain registrations, and email services. This includes setting up, configuring, and maintaining these services on behalf of their customers.

3. Billing and Invoicing: Reseller clients are responsible for billing and invoicing their customers for the hosting services they provide. Clear and transparent billing practices foster trust and reliability.

4. Abuse and Violations: Reseller clients must actively monitor the activities of their customers to ensure compliance with Explorer Technologies’ terms and policies. They should promptly address any violations or abusive behavior by their customers and take necessary actions to mitigate potential issues.

5. Account Management: Reseller clients should use the provided account management tools and interfaces to manage their customers’ accounts effectively. This includes tasks such as creating, suspending, and terminating accounts as needed.

B. Compliance with Terms and Policies

Reseller clients must adhere to Explorer Technologies’ terms and policies to maintain the integrity of their reseller hosting business and ensure a positive experience for their customers:

1. Acceptable Use Policy: Reseller clients and their customers must comply with the company’s Acceptable Use Policy, which outlines acceptable and prohibited activities and content on the hosting services. Violations may result in account suspension or termination.

2. Anti-Spam Policy: Reseller clients should enforce anti-spam policies and take action against any customer found engaging in spamming activities. Failure to do so can lead to consequences for the reseller’s account.

3. Fair Usage Policies: Reseller clients are expected to manage their customers’ resource usage within acceptable limits to prevent resource abuse and ensure fair distribution of resources on shared servers.

4. Billing and Payment: Reseller clients must adhere to the billing and payment terms specified in their agreements with Explorer Technologies. This includes timely settlement of invoices and adherence to payment schedules.

5. Data Security: Reseller clients should take appropriate measures to safeguard the security of customer data, including implementing security best practices, data backups, and encryption where applicable.

6. Compliance with Laws: Reseller clients must also ensure that their hosting services and the content they host comply with all applicable laws and regulations, including data protection and privacy laws.

XIX. Price Change

A. Company’s Right to Change Prices and Fees

Explorer Technologies reserves the right to make changes to its pricing and fees for hosting services. This right is exercised to ensure the company can adapt to evolving market conditions, cover operational costs, and continue delivering high-quality services to its customers. Key aspects of the company’s right to change prices and fees include:

1. Flexibility: The company maintains the flexibility to adjust the prices of its hosting plans and services as needed. This flexibility allows it to remain competitive and responsive to changes in the hosting industry.

2. Economic Factors: Price changes may be influenced by economic factors, including inflation, changes in infrastructure costs, and shifts in market demand. These factors can impact the company’s cost structure and necessitate price adjustments.

3. Service Enhancements: Price changes may also accompany enhancements and improvements to hosting services. As the company invests in technology upgrades, security enhancements, and performance improvements, adjustments to pricing may reflect the added value provided to customers.

B. Notice of Price Changes

Explorer Technologies is committed to transparency and strives to provide customers with advance notice of any price changes. The notice of price changes is typically communicated through the following means:

1. Notification Period: The company generally provides customers with a notice period before implementing price changes. This notice period may vary but is designed to give customers ample time to review the changes and make informed decisions.

2. Communication Channels: Price change notifications are typically sent to customers via email, through their account management portal, or through announcements on the company’s website. Customers are encouraged to keep their contact information up-to-date to receive these notifications.

3. Explanation: The company may include an explanation of the reasons behind the price change in the notification. This can help customers understand the factors driving the adjustment.

4. Options: Customers may be informed of their options in response to the price change. This may include details about available plans, alternatives, or the opportunity to lock in current pricing for an extended period through a contract renewal.

5. Effective Date: The notification specifies the effective date of the price change, which is when the new pricing structure will come into effect. Customers should be aware of this date to plan accordingly.

6. Feedback and Inquiries: Customers are encouraged to reach out to customer support with any questions or concerns regarding the price change. The company is committed to addressing customer inquiries and providing assistance.

XX. SSL Certificate Revocation

A. Procedures for SSL Certificate Revocation

Explorer Technologies has established clear procedures for SSL (Secure Sockets Layer) certificate revocation to address situations where it becomes necessary to invalidate a previously issued SSL certificate. SSL certificates are essential for securing data transmission between web servers and clients. Certificate revocation is a crucial process to ensure the security and trustworthiness of SSL-secured websites. The procedures for SSL certificate revocation include:

1. Revocation Request: SSL certificate revocation begins with a formal request initiated by the certificate holder, or in some cases, by the certificate authority (CA) if security concerns are identified.

2. Certificate Validation: Before processing the revocation request, the CA validates the authenticity of the request to prevent unauthorized revocations. The CA may require verification of the requester’s identity and relationship to the certificate.

3. Revocation Methods: SSL certificates can be revoked using various methods, including the Online Certificate Status Protocol (OCSP) or Certificate Revocation Lists (CRLs). The CA uses these methods to communicate the revoked status to web browsers and other clients attempting to access the secured website.

4. Revocation Record: A record of the revocation is created and maintained by the CA. This record includes details such as the serial number of the revoked certificate, the date of revocation, and the reason for revocation.

5. Public Notification: In most cases, the CA makes the revocation status of an SSL certificate publicly available through OCSP responders or CRLs. Browsers and clients regularly check these sources to ensure they are not using revoked certificates.

6. Reason for Revocation: The reason for revocation is specified during the revocation request and is included in the revocation record. Common reasons for revocation may include the compromise of the private key, certificate misuse, changes in domain ownership, or the discovery of fraudulent issuance.

B. Reasons for Revocation

There are several valid reasons for revoking an SSL certificate to maintain the security and trustworthiness of websites and web applications:

1. Compromised Private Key: If the private key associated with the SSL certificate is compromised or exposed, the certificate should be revoked immediately to prevent unauthorized access and potential security breaches.

2. Certificate Misuse: If the SSL certificate is being used for malicious purposes, such as phishing or distributing malware, it must be revoked to protect users and maintain trust in the CA’s certificates.

3. Change in Domain Ownership: When there is a change in the ownership or control of a domain, the SSL certificate may need to be revoked to ensure it is issued to the rightful owner.

4. Fraudulent Issuance: If the CA discovers that a certificate was fraudulently issued due to inaccurate information or misrepresentation, the certificate should be revoked to maintain the integrity of the CA’s issuance process.

5. Expiry: SSL certificates have a limited validity period. When a certificate reaches its expiration date, it is considered revoked, as it is no longer valid for securing connections.

XXI. Indemnification

A. Customer’s Obligation to Indemnify the Company

Explorer Technologies includes an indemnification clause in its terms and conditions to outline the customer’s obligation to indemnify the company. Indemnification is a legal provision that obligates the customer to compensate or reimburse the company for certain losses, damages, liabilities, or expenses incurred by the company due to actions or events associated with the customer’s use of the company’s services. Key aspects of the customer’s obligation to indemnify the company include:

1. Scope of Indemnification: The indemnification clause defines the scope of the customer’s obligation to indemnify. This typically includes any losses, damages, liabilities, legal fees, and expenses that the company may incur as a result of the customer’s actions, negligence, or violations of the terms and policies.

2. Third-Party Claims: Indemnification often extends to cover claims brought against the company by third parties, such as other customers, users, or entities, as a result of the customer’s actions or content hosted on the company’s servers. The customer agrees to defend, indemnify, and hold the company harmless in such cases.

3. Legal Proceedings: If the company becomes involved in legal proceedings, such as litigation or arbitration, due to the customer’s actions or content, the customer may be responsible for the legal costs and expenses incurred by the company in its defense.

4. Cooperation: The customer is typically required to cooperate fully with the company’s defense in any legal matter that triggers the indemnification clause. This may include providing information, witnesses, or evidence to support the company’s defense.

5. Limitations: Some indemnification clauses may specify limitations on the customer’s indemnification obligation, such as maximum liability amounts or exclusions for certain types of claims.

B. Legal Protection for the Company

The inclusion of an indemnification clause provides legal protection for Explorer Technologies by:

1. Mitigating Financial Risks: Indemnification clauses help mitigate the financial risks and potential costs associated with legal disputes, damages, or liabilities arising from the customer’s actions or content. This protection allows the company to allocate its resources more effectively.

2. Encouraging Responsible Use: Knowing that they are financially responsible for any harm or legal consequences resulting from their actions, customers are encouraged to use the company’s services responsibly and in compliance with the terms and policies.

3. Maintaining Service Integrity: The indemnification clause reinforces the importance of maintaining the integrity of the company’s services and upholding the company’s reputation for providing secure and reliable hosting solutions.

4. Enforcing Compliance: The clause encourages customers to adhere to the company’s terms and policies, as violations that lead to legal disputes or claims may trigger the customer’s indemnification obligation.

XXII. Limitation of Liability

A. Limitations on the Company’s Liability

Explorer Technologies incorporates a limitation of liability clause into its terms and conditions to establish the extent to which the company can be held responsible for certain types of damages, losses, or liabilities incurred by its customers. Key elements of the limitation of liability clause include:

1. Scope of Liability: The clause defines the scope of the company’s liability and typically limits it to direct damages that are a foreseeable result of the company’s actions or failures to act.

2. Exclusions: Certain types of damages or losses may be excluded from the company’s liability, such as indirect, consequential, special, punitive, or incidental damages. These exclusions help define the boundaries of the company’s responsibility.

3. Maximum Liability: The clause may specify a maximum or cap on the company’s liability, which sets an upper limit on the amount of damages the company can be held liable for. This cap is often expressed as a specific monetary amount or as a multiple of the fees paid by the customer.

4. Exceptions: There may be exceptions to the limitations on liability. For example, some jurisdictions do not allow the exclusion of certain types of damages, so the clause may include exceptions required by applicable laws.

5. Negligence: The company may specify that its liability is limited even in cases of negligence on its part. This ensures that customers are aware that, regardless of any negligence, the company’s liability remains restricted.

B. Disclaimer of Certain Damages

In addition to the limitations on liability, Explorer Technologies includes a disclaimer of certain damages to clarify which types of damages are not covered by the company’s responsibilities. This disclaimer typically encompasses:

1. Consequential Damages: The disclaimer clarifies that the company is not liable for consequential damages, which are indirect or secondary damages that result from the use of its services. These can include loss of profits, data, business opportunities, or reputation.

2. Special Damages: Special damages, which are unique to a particular situation and not typically foreseeable, are also disclaimed. These may include damages resulting from unusual circumstances or specific requirements.

3. Punitive Damages: The clause often states that the company is not liable for punitive damages, which are intended to punish the responsible party rather than compensate the injured party. Punitive damages are generally not recoverable in contractual disputes.

4. Incidental Damages: Incidental damages, which are additional costs incurred as a result of a breach of contract, are typically excluded from the company’s liability. These may include expenses related to finding alternative services or mitigating losses.

XXIII. Disclaimer

A. Comprehensive Disclaimer of Warranties

Explorer Technologies includes a comprehensive disclaimer of warranties in its terms and conditions to provide clarity regarding the nature of its services and the associated risks. This disclaimer underscores the following key points:

1. As-Is Basis: The services provided by the company are offered on an “as-is” and “as-available” basis. This means that the company does not make any express or implied warranties regarding the quality, performance, availability, or suitability of its services for a particular purpose.

2. No Express Warranties: The company explicitly disclaims any express warranties, whether written or verbal, including warranties of merchantability and fitness for a particular purpose. This means that customers should not rely on any specific promises or guarantees regarding the services.

3. No Endorsement: The disclaimer clarifies that the company does not endorse or warrant the accuracy, completeness, or reliability of any content, information, or materials provided by third parties, including user-generated content or external links.

4. Technical Limitations: Customers are informed that the services may have technical limitations and may not be error-free or uninterrupted. The company is not responsible for any service interruptions, data loss, or errors that may occur during the use of its services.

5. Third-Party Software: If the services include third-party software, the disclaimer specifies that the company does not make any warranties regarding the functionality, compatibility, or security of such software. Customers are encouraged to review the terms and conditions of third-party software providers.

B. Use of Services at the Customer’s Own Risk

The disclaimer reinforces the principle that customers use the services at their own risk. This means that:

1. Assumption of Risk: Customers assume all risks associated with the use of the services. They understand that the internet and technology services inherently involve risks, including security vulnerabilities, data breaches, and service interruptions.

2. Responsibility for Data: Customers are responsible for data backup and protection. The disclaimer emphasizes that the company is not responsible for any data loss, corruption, or unauthorized access, and customers should take appropriate measures to safeguard their data.

3. Security Precautions: Customers are encouraged to take security precautions, such as using strong passwords, enabling two-factor authentication, and keeping software up to date. The company may provide guidelines for enhancing security, but ultimate responsibility lies with the customer.

4. External Links and Content: Customers are advised to exercise caution when accessing external links or content through the services, as the company does not guarantee the safety, accuracy, or legality of such content.

By including a comprehensive disclaimer of warranties and emphasizing that the use of services is at the customer’s own risk, Explorer Technologies aims to provide transparency and manage customer expectations. This disclaimer helps customers understand the inherent risks associated with technology services and encourages them to take proactive steps to protect their interests and data.

XXIV. Disclosure to Law Enforcement

A. Company’s Commitment to Cooperating with Law Enforcement

Explorer Technologies outlines its commitment to cooperating with law enforcement agencies in its terms and conditions to ensure compliance with applicable laws and to address legal requirements. This commitment includes:

1. Legal Compliance: The company is committed to complying with all relevant laws and regulations governing its operations. This includes cooperating with law enforcement agencies when legally required to do so.

2. Transparency: The company strives to be transparent about its interactions with law enforcement agencies. While it may be obligated to provide information or data in certain situations, it also respects user privacy to the extent allowed by law.

3. Lawful Requests: The company emphasizes that it will only cooperate with law enforcement agencies when presented with lawful requests, such as subpoenas, court orders, or search warrants. Compliance with these requests is subject to the requirements of applicable laws.

4. Data Disclosure: If required by law, the company may disclose user information, account details, or data to law enforcement agencies. However, it will typically seek to notify affected users when legally permitted and not prohibited by the request.

B. Privacy and Data Protection

The company’s commitment to cooperating with law enforcement agencies is balanced with its commitment to safeguarding user privacy and data protection:

1. User Privacy: The company respects user privacy and takes reasonable measures to protect user data from unauthorized access. It discloses user information to law enforcement agencies only when legally compelled to do so.

2. Data Retention: The terms and conditions may outline the company’s data retention practices, including how long user data is stored and under what circumstances it may be deleted or retained.

3. Data Security: The company is committed to maintaining the security of user data and employs industry-standard security measures to protect against unauthorized access, breaches, and data theft.

4. Legal Limitations: The company acknowledges that there may be legal limitations on its ability to protect user data. It emphasizes that the extent to which it can protect user privacy is subject to applicable laws and legal requirements.

5. Transparency Reports: Some companies provide transparency reports that detail the number and types of requests received from law enforcement agencies. These reports may include information about the nature of the requests and the user accounts affected.

XXV. Changes to the TOS (Terms of Service)

A. Notification of Changes to the Terms of Service

Explorer Technologies acknowledges that its Terms of Service (TOS) may need to be updated or revised over time to reflect changing business practices, legal requirements, or industry standards. To ensure transparency and inform customers about these changes, the company establishes clear procedures for notifying users of modifications to the TOS. These procedures include:

1. Notification Channels: The company may use various communication channels to notify customers of changes to the TOS. This can include email notifications, announcements on the company’s website, or updates within users’ account dashboards.

2. Advance Notice: Explorer Technologies typically provides advance notice of TOS changes, giving customers sufficient time to review the modifications before they take effect. The notice period may vary but is designed to allow users to become familiar with the updates and make informed decisions.

3. Summary of Changes: When notifying users of TOS changes, the company may include a summary or overview of the key revisions. This helps users quickly understand the nature and significance of the modifications.

4. Effective Date: The notification specifies the effective date of the TOS changes, which is when the updated terms will come into effect. Users are encouraged to take note of this date to ensure they are aware of the timeline.

B. Customer’s Responsibility to Review Updates

The company places responsibility on customers to review and familiarize themselves with any updates or modifications to the Terms of Service. This includes:

1. Obligation to Review: Users are encouraged to actively review any notifications or announcements regarding changes to the TOS. It is their responsibility to stay informed about any modifications that may affect their use of the services.

2. Acceptance of Changes: Continued use of the services after the effective date of TOS changes is typically considered acceptance of the updated terms. Users are expected to adhere to the revised terms once they take effect.

3. Options for Non-Acceptance: If a user does not agree with the updated TOS, they may have the option to terminate their account or discontinue their use of the services. The company may provide instructions on how users can take such actions.

4. Feedback and Inquiries: Users are encouraged to reach out to the company’s customer support with any questions or concerns they may have about the updated TOS. The company aims to address customer inquiries and provide clarifications when needed.

XXVI. Link to Other Websites

A. Links to External Websites and Third-Party Content

Explorer Technologies may include provisions in its terms and conditions regarding links to external websites and the presence of third-party content within its services. These provisions clarify the company’s stance on such links and content:

1. Third-Party Links: The company’s services may include hyperlinks, references, or access to websites, resources, or content provided by third parties. These third-party links may be included for informational purposes, convenience, or to enhance the user experience.

2. Third-Party Content: Third-party content, such as advertisements, promotions, or embedded media, may also be present within the company’s services. This content may be displayed to users as part of their online experience.

3. Purpose of Inclusion: The inclusion of third-party links and content is typically intended to provide users with additional information, resources, or functionalities. It may also serve as a means of supporting the company’s services economically.

B. Disclaimer of Responsibility for External Content

Explorer Technologies takes measures to disclaim responsibility for external websites, resources, or content accessed through its services. The terms and conditions outline the following aspects of this disclaimer:

1. No Endorsement: The presence of third-party links or content should not be construed as an endorsement or recommendation by the company. Users should exercise caution and discretion when accessing external content, as the company does not necessarily vouch for the accuracy, reliability, or appropriateness of such content.

2. No Control: The company may not have control over the content, availability, or functionality of external websites or resources. Users acknowledge that they access third-party content at their own risk.

3. No Liability: Explorer Technologies typically disclaims any liability for damages, losses, or consequences resulting from the use or reliance on external websites, resources, or third-party content. Users are responsible for assessing the suitability and security of such content.

4. External Website Policies: Users are encouraged to review the terms and privacy policies of external websites and resources they visit, as these policies may differ from those of the company. External websites and content may have their own terms and conditions.

5. Adherence to Laws: The terms and conditions may also remind users to comply with applicable laws and regulations when accessing external websites and content. Users are responsible for ensuring that their interactions with external content are legal and compliant.

XXVII. Termination

A. Grounds for Termination of Services

Explorer Technologies outlines specific grounds for the termination of its services in its terms and conditions. These grounds are typically established to ensure the integrity of the company’s services and protect the interests of both the company and its users. Common grounds for termination include:

1. Breach of Terms: Termination may occur if a user violates the terms and conditions or acceptable use policy established by the company. This can include actions such as engaging in prohibited activities, violating intellectual property rights, or failing to meet payment obligations.

2. Illegal Activities: The company may terminate services if a user is found to be engaging in illegal activities through its services. This can encompass activities such as fraud, hacking, copyright infringement, or any other unlawful conduct.

3. Non-Payment: Failure to pay for services within the specified due dates may result in termination. The company typically provides notices and grace periods to address payment issues before taking this step.

4. Security Concerns: If a user’s account is compromised or poses a security risk to the company’s network or other users, the company may suspend or terminate the account to protect the overall service.

5. Excessive Resource Usage: In shared hosting environments, excessive resource usage that disrupts the performance of other users’ accounts may lead to termination. This is done to maintain a fair and balanced hosting environment.

B. Termination Procedures and Consequences

Explorer Technologies also defines the procedures and consequences associated with the termination of services:

1. Notice: Depending on the circumstances, the company may provide advance notice of termination to the user. This notice typically outlines the reasons for termination and any actions the user can take to remedy the situation, if applicable.

2. Immediate Termination: In cases where there is a significant breach of terms, illegal activities, or imminent harm to the company’s services, termination may occur without prior notice.

3. Data Access: Users are usually informed about the process for accessing their data and files upon termination. The company may provide guidelines on data retrieval, backups, and account closure.

4. Outstanding Payments: Outstanding payments, if any, must be settled before or during the termination process. Users are typically responsible for any unpaid fees or charges.

5. Suspension vs. Termination: In some cases, the company may suspend services temporarily as a corrective measure rather than immediately terminating them. Suspension allows users an opportunity to address issues and potentially have services reinstated.

6. Consequences: The terms and conditions may specify the consequences of termination, including the loss of access to services, data, and any associated privileges. It may also outline the impact on refunds or outstanding balances.

By defining the grounds for termination, outlining termination procedures, and specifying the consequences, Explorer Technologies aims to maintain a secure and compliant hosting environment while providing users with a clear understanding of the circumstances that may lead to service termination. This clarity helps users make informed decisions and take appropriate actions to avoid termination.

XXVIII. Bulk Email

A. Rules and Restrictions Regarding Bulk Email

Explorer Technologies establishes rules and restrictions regarding the use of bulk email within its terms and conditions. These rules are designed to ensure responsible and compliant use of email services, safeguard the company’s infrastructure, and prevent issues such as spam. Key aspects of these rules and restrictions may include:

1. Opt-In Consent: Users are typically required to obtain explicit opt-in consent from recipients before sending bulk email. This ensures that recipients have willingly subscribed to receive emails and reduces the likelihood of unsolicited messages.

2. Unsubscribe Mechanism: Bulk emails must include a clear and functional unsubscribe mechanism, allowing recipients to easily opt out of future communications. Users are responsible for honoring these unsubscribe requests promptly.

3. Sender Identification: Bulk email senders must accurately identify themselves in the email header and include contact information. Misleading or falsified sender information is prohibited.

4. Content Guidelines: Users are often required to adhere to content guidelines that prohibit deceptive subject lines, false claims, or malicious content in bulk emails. Content should be relevant to the recipients’ expectations.

5. Frequency Limits: The terms and conditions may establish frequency limits to prevent excessive email campaigns that could disrupt the service or overwhelm recipients.

6. Recipient Lists: Users are expected to maintain clean and permission-based recipient lists, removing inactive or unsubscribed email addresses.

B. Compliance with Anti-Spam Regulations

Explorer Technologies emphasizes the importance of compliance with anti-spam regulations at both the national and international levels. This compliance is essential to avoid legal issues and maintain the reputation of the company’s email services. Key aspects of compliance with anti-spam regulations include:

1. CAN-SPAM Act: Users sending bulk email to recipients in the United States must comply with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act. This includes including valid physical addresses, providing opt-out options, and not using deceptive subject lines or headers.

2. CASL Compliance: Users sending bulk email to recipients in Canada must adhere to the regulations outlined in the Canadian Anti-Spam Law (CASL).

3. GDPR Considerations: For users sending bulk email to recipients in the European Union, compliance with the General Data Protection Regulation (GDPR) is essential, especially when processing personal data.

4. International Regulations: Compliance with additional international anti-spam laws and regulations may be necessary when sending emails to recipients in other countries.

5. Permission Records: Users may be required to maintain records of permission, including evidence of opt-in consent, to demonstrate compliance with anti-spam laws if requested.

6. Penalties for Non-Compliance: The terms and conditions may outline potential penalties for users who do not comply with anti-spam regulations, which may include account suspension or termination.

XXIX. CPU Usage

A. Limits on CPU Usage and Resource Consumption

In its terms and conditions, Explorer Technologies defines limits on CPU (Central Processing Unit) usage and resource consumption to ensure fair and consistent performance across its hosting environment. These limits are established to prevent resource abuse, maintain the quality of service for all users, and prevent individual users from monopolizing system resources. Key aspects of these limits may include:

1. Resource Allocation: The company outlines the resources allocated to each hosting account, including CPU usage limits, memory allocations, and other server resources. These allocations are determined based on the type of hosting plan or service package selected by the user.

2. Shared Hosting: In shared hosting environments, where multiple users share the same server, strict CPU usage limits are typically enforced to prevent one user’s excessive consumption from impacting others. These limits are designed to ensure equitable resource distribution.

3. VPS and Dedicated Servers: Users with Virtual Private Servers (VPS) or dedicated server hosting plans may have higher CPU usage limits or dedicated CPU cores. These plans offer more flexibility and resources to accommodate higher traffic or resource-intensive applications.

4. Resource Monitoring: The company may employ resource monitoring tools to track and measure CPU usage. Users can typically monitor their resource consumption through the hosting control panel.

5. Fair Usage Policies: Users are expected to abide by fair usage policies that discourage excessive or sustained CPU usage. Bursty or temporary spikes in CPU usage are generally tolerated, but prolonged high usage may be subject to review.

B. Actions Taken for Excessive CPU Usage

Explorer Technologies outlines the actions it may take in response to excessive CPU usage to maintain the stability and performance of its hosting environment:

1. Warning Notices: In cases of sustained or excessive CPU usage, the company may issue warning notices to affected users, informing them of the resource consumption issue and requesting corrective actions.

2. Resource Throttling: To prevent resource abuse, the company may implement resource throttling mechanisms. This can involve limiting CPU access for a user’s account until resource usage returns to acceptable levels.

3. Temporary Suspension: In cases where excessive CPU usage negatively impacts server performance or disrupts other users’ services, the company may temporarily suspend the offending account to alleviate the strain on the server.

4. Review and Resolution: Users are encouraged to work with the company’s support team to identify and resolve the underlying causes of excessive CPU usage. This may involve optimizing website code, scripts, or configurations to reduce resource consumption.

5. Account Termination: In extreme cases or if resource abuse continues after warnings and corrective measures, the company may terminate the user’s hosting account in accordance with the termination policies outlined in the terms and conditions.

XXX. File Repository / Dump Sites

A. Policies Regarding File Repositories and Dump Sites

Explorer Technologies includes policies in its terms and conditions regarding the use of file repositories and dump sites within its hosting services. These policies are established to define the acceptable use of such resources, ensure the security and integrity of the hosting environment, and protect the company’s reputation. Key aspects of these policies may include:

1. Purpose: The terms and conditions clarify the intended purpose of file repositories and dump sites within the hosting environment. These resources are typically meant for legitimate data storage, sharing, and collaboration.

2. Content Types: The policies specify the types of content that are allowed and prohibited within file repositories and dump sites. Permitted content often includes files related to websites, documents, images, and media, while prohibited content typically includes malicious software, copyrighted material without proper authorization, and illegal content.

3. Security Measures: Users are expected to take appropriate security measures to protect the content stored in file repositories or dump sites. This may include using strong passwords, enabling access controls, and regularly updating and patching software.

4. Resource Usage: Policies may set limits on the amount of storage space, bandwidth, or other resources allocated to file repositories and dump sites. These limits are designed to prevent resource abuse and ensure fair resource distribution.

B. Content Restrictions and Penalties

Explorer Technologies establishes content restrictions and penalties to address violations of its policies regarding file repositories and dump sites:

1. Content Restrictions: Users are explicitly prohibited from storing or sharing certain types of content within file repositories and dump sites. This can include content that violates copyright, trademarks, intellectual property rights, contains malware, or is illegal under applicable laws.

2. Monitoring and Reporting: The company may monitor file repositories and dump sites for compliance with its policies. Users and recipients of content are encouraged to report any violations or suspicious activities to the company.

3. Penalties for Violations: The terms and conditions outline potential penalties for users who violate the content restrictions. Penalties may range from warnings and content removal to account suspension or termination, depending on the severity of the violation.

4. Legal Compliance: Users are reminded of their responsibility to comply with all applicable laws and regulations when using file repositories and dump sites. Compliance with copyright laws and intellectual property rights is especially emphasized.

5. Data Backup and Recovery: Users are advised to maintain their own backups of important data stored in file repositories or dump sites. The company typically disclaims responsibility for data loss or corruption due to user actions or violations.

XXXI. Violation of Rules

A. Consequences for Violations of These Terms

Within its terms and conditions, Explorer Technologies outlines the consequences that users may face in the event of violations of the established terms and policies. These consequences are defined to maintain a secure and lawful hosting environment, promote responsible usage, and protect the interests of both the company and its user community. Key aspects of these consequences may include:

1. Warning Notices: For minor or first-time violations, the company may issue warning notices to inform users of the violation and request corrective actions. These notices serve as an opportunity for users to rectify their behavior.

2. Suspension: In cases of more serious or repeated violations, the company may choose to suspend the user’s account or access to certain services. Suspension is often a temporary measure aimed at preventing further violations and safeguarding the hosting environment.

3. Termination: If violations persist, escalate, or if the terms and conditions are repeatedly breached, the company may terminate the user’s account or access to services. Account termination typically involves the loss of access to all services and data associated with the account.

4. Legal Action: In cases where violations involve illegal activities or significant harm to the company or third parties, legal action may be pursued. This can include reporting the violation to law enforcement authorities or initiating legal proceedings as necessary.

B. Enforcement and Penalties

The terms and conditions specify the methods of enforcement and penalties associated with violations:

1. Review Process: The company typically follows a review process to evaluate alleged violations, ensuring that actions taken are appropriate and justified.

2. Notice to User: Users are generally informed of the alleged violation and provided with an opportunity to respond or rectify the situation before more severe penalties are imposed.

3. Appeals: Users may have the option to appeal decisions related to penalties or account actions. The terms and conditions may outline the process for submitting appeals and the conditions under which they will be considered.

4. Penalty Discretion: The company reserves the right to exercise discretion in determining the appropriate penalty for each violation. Factors considered may include the severity of the violation, the user’s history of compliance, and the impact on other users or the company’s services.

5. Notification: The terms and conditions typically require the company to notify users of any penalties imposed and the reasons for those penalties. Transparency in the enforcement process is important for user understanding and accountability.

By specifying consequences for violations and outlining the enforcement and penalty procedures, Explorer Technologies aims to maintain a secure and compliant hosting environment. These provisions help deter violations, encourage responsible behavior, and provide a framework for addressing issues when they occur. Ultimately, the goal is to protect the interests of both the company and its user community while upholding the integrity of the services provided.

By using Explorer Technologies, you agree to abide by these Terms and Conditions. Failure to comply may result in account suspension or termination. For inquiries or concerns, please contact us at contact@ethosting.net. Explorer Technologies reserves the right to modify these terms at any time, with notice to customers.