1. Agreement & Acceptance of Terms
This Agreement is entered into between Asushost Limited ("Asushost", "we", "our", or "us") and the individual or business entity who registers an account or purchases services with us ("Client", "User", "you", or "your").
PLEASE READ THIS AGREEMENT CAREFULLY. By checking the "I Agree" box, completing a transaction, or continuing to use any Asushost services, you acknowledge that you have read, understood, and agree to be bound by all the terms, policies, and conditions outlined herein, including our Privacy Policy and Acceptable Use Policy (AUP). If you do not agree to these terms, you must immediately cease all use of our platform and services.
2. Eligibility & Account Responsibilities
To open an account and procure services from Asushost, you must be at least eighteen (18) years of age or represent a legally recognized business entity.
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Accuracy of Information: You agree to provide true, accurate, current, and complete registration and billing information. Providing fake credentials, invalid telephone numbers, or disposable email addresses is ground for immediate suspension without a refund.
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Account Security: You hold sole responsibility for safeguarding your account access credentials, administrative passwords, FTP/SSH keys, and control panel access. Asushost shall not be liable for any unauthorized activity, website defacement, malicious file injection, or database exposure caused by your failure to enforce secure password hygiene.
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Client Liability for Content: You are entirely responsible for any and all data, scripts, applications, media, and communications hosted within, transmitted by, or processed through your Asushost account.
3. Acceptable Use Policy (AUP) & Prohibited Activities
Our infrastructure is built for legitimate business websites, blogs, databases, and application hosting. To protect our network performance and IP reputation, the following activities are strictly prohibited:
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Spam & Unsolicited Bulk Email (UBE): Sending unsolicited commercial or promotional emails, running mass mail scripts, or utilizing our SMTP servers to host outbound spam lists is strictly banned. Any account detected sending spam will be suspended immediately and charged an administrative cleanup fee.
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Malware, Phishing & Hacking: Hosting phishing pages, distributing viruses, hosting trojans, hosting nulled scripts (cracked software), running network scanning tools, executing brute-force operations, or hosting IRC bots is subject to instant account termination.
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Copyright Infringement (DMCA): Hosting or distributing copyrighted content without the express written permission of the rights holder is prohibited. Upon receipt of a valid copyright infringement complaint, we reserve the right to disable access to the offending material or suspend the account.
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File Archiving & Warehousing: Our shared and reseller hosting environments are designed for live, active web page rendering. Utilizing shared hosting disk space as a remote storage drive, file mirror, database archive, or personal backup vault (such as storing compressed ZIP files or ISOs not directly linked to your active website) is strictly forbidden.
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High-Risk Software: Running cryptocurrency mining scripts, background daemons, proxy scripts, VPN nodes, or game servers on our shared, WordPress, or reseller infrastructure is prohibited.
4. Server Resource Usage & "Noisy Neighbor" Protection
To maintain lightning-fast response times for all clients, accounts hosted on shared or reseller servers must utilize system resources (CPU, RAM, physical I/O, concurrent database connections, and Inodes) in a fair and balanced manner.
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Resource Ceilings: If your web application, plugins, unoptimized databases, or traffic surges exceed the resource thresholds assigned to your plan, our automated protection systems may throttle, limit, or temporarily suspend your website.
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Unilateral Suspension Rights: In instances where your account's resource consumption threatens the stability or response times of other clients hosted on the same physical node, Asushost reserves the absolute right to suspend your instance immediately and without prior notice. We will assist you in upgrading to a dedicated resource environment (such as a VPS or Cloud Server) to restore operations.
5. Zero-Liability Data Backups & Loss Indemnification
THIS IS A CRITICAL CLAUSE. PLEASE READ IT CAREFULLY.
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Courtesy Backups Only: Asushost may perform routine, automated, system-level backups for our own disaster recovery purposes. These backups are provided strictly as a "best-effort," un-guaranteed courtesy service.
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Your Responsibility: You, the Client, acknowledge and agree that you retain the ultimate, primary, and sole responsibility to maintain, verify, and store external, independent backups of all files, directories, databases, and emails hosted on your account.
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Indemnification Against Loss: Under no circumstances shall Asushost be held liable for any data loss, file corruption, database failures, or restoration errors. You agree to hold Asushost harmless and waive all claims for financial, operational, or reputational damage resulting from the loss of website files or configurations.
6. Billing, Renewals, Payments & Suspensions
All services are billed on a pre-pay basis.
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Invoicing & Automatic Billing: Invoices are generated automatically prior to the expiration of your billing cycle. It is your responsibility to ensure invoices are paid in full by the due date to avoid service interruption.
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Late Payments & Suspensions: If payment is not received within three (3) calendar days following your due date, Asushost reserves the right to suspend your services automatically.
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Data Deletion on Delinquency: For shared, reseller, and business email accounts, files and databases may be completely purged from our servers ten (10) days after the missed due date. For VPS and Dedicated servers, data may be destroyed five (5) days post-due date. Asushost is not responsible for any permanent data loss occurring due to client payment delinquency.
7. Refund Policy & Money-Back Guarantee Rules
We offer a partial money-back guarantee under strict conditions to prevent platform trial abuse.
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Scope of Guarantee: Our refund policy applies exclusively to standard shared web hosting and reseller hosting accounts, within a designated window from the initial purchase date.
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Non-Refundable Services: The following services are strictly non-refundable under any circumstances due to upstream licensing and registration costs:
- Domain Name Registrations, Renewals, and Transfers
- SSL Certificates
- VPS Hosting, Cloud Hosting, and Dedicated Servers
- Paid Control Panel Licenses (cPanel, WHM, Plesk, LiteSpeed, etc.)
- Setup fees or one-time custom administrative fees
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Violation Exclusions: Accounts suspended or terminated due to violations of our Acceptable Use Policy (AUP)—such as phishing, spamming, copyright abuse, or malware—forfeit all rights to any refund or credit.
8. Domain Registration & WHOIS Policies
Asushost acts as an intermediary registrar. Domain registrations are governed by the policies of ICANN, KeNIC, and respective registry operators.
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Domain Ownership: A domain registration is only finalized when full payment is cleared and the registry records show your ownership details. Asushost is not liable if a domain name you selected is registered by a third party prior to your transaction being cleared.
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Expired Domains: If you fail to renew your domain name before its expiration date, it may immediately enter a redemption period, requiring significantly higher restoration fees set by the registries, or it may be permanently deleted and made available to the public. Asushost has no control over these processes.
9. Service Level Agreement (SLA) & Uptime Guarantee
Asushost strives to deliver a 99.9% network uptime across all web servers.
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Maintenance Exclusions: Scheduled hardware upgrades, operating system patches, emergency security installations, and network provider disruptions do not qualify as downtime under our SLA.
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Force Majeure & Attacks: Disruptions caused by distributed denial-of-service (DDoS) attacks, upstream backbone provider failures, network fiber cuts, or acts of God are excluded from uptime calculations.
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Uptime Credits: In the rare event that uptime drops below our SLA commitment, clients may request billing credits to be applied toward their next renewal cycle. Credits are never issued as direct cash or bank refunds.
10. Indemnification & Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Asushost Limited, its directors, employees, affiliates, and suppliers from and against any and all claims, damages, losses, costs (including reasonable legal fees), and expenses arising from your use of our services, your website content, or your violation of this Agreement.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASUSHOST LIMITED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, CLIENTS, OR BUSINESS INTERRUPTION) HOWSOEVER CAUSED. IN ALL EVENTS, ASUSHOST'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE ACTUAL AMOUNT PAID BY THE CLIENT TO ASUSHOST FOR THE SPECIFIC SERVICE IN QUESTION DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE CLAIM.
11. Governing Law & Dispute Resolution
This Agreement, your relationship with Asushost, and any legal disputes arising out of your utilization of our services shall be governed exclusively by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.
Any legal actions, suits, or arbitrations must be initiated and conducted in competent courts located in Nairobi, Kenya, and you hereby submit to the personal and exclusive jurisdiction of these courts.
12. Agreement Modifications
Asushost reserves the right to modify, add, or remove portions of these Terms and Conditions at any time. Any changes will be posted on this page with an updated "Last Updated" date. Your continued utilization of our hosting, domain, or server products after changes are posted constitutes your binding acceptance of the updated terms.
13. Contact Information
If you have questions, queries, or require legal clarification regarding these Terms and Conditions, please submit a formal inquiry to our administrative team:
