Terms

Welcome to tamaiaz!


Thanks for using our products and services (“Services”). The Services are provided by tamaiaz. (“tamaiaz”), located in Palestine. By using our Services, you are agreeing to these terms. Please read them carefully. These Terms of Service define the tamaiaz’s Solutions and Services provided by tamaiaz to Client.

1 Services Definition.


tamaiaz and its affiliates (“tamaiaz”) provide a variety of services and solutions as defined in the tamaiaz websites.
* Resale. Client may not resell Services provided under contract by tamaiaz.

Naming the company by languages:
International: tamaiaz
Arabic: اكسلتك
English: tamaiaz

2 Servers, Storage and Infrastructure.


Client is allocated a specific amount of server, storage and network resources in accordance with services plans. Up to the maximum allowed for each plan, Client can increase allocation of Services by contacting tamaiaz. Performance of server, storage and network may be impacted if purchased resources reach the maximum limits. tamaiaz shall not be responsible for unavailability or data loss related to resource unavailability. Shared infrastructure is used across multiple Clients. tamaiaz takes measures to logically separate Clients. However, performance of shared infrastructure cannot be guaranteed. Client may not use any shared system in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system.

3 Software and Applications.


License. All software licensing is subject to terms and conditions set forth by the vendor. Use of software keys or licensing which is inconsistent with acceptable use in a hosted environment is prohibited. This includes but is not limited to all software licensed by tamaiaz on Client’s behalf under partner programs. Any fees or penalties for misuse by Client of software licenses are solely the Client’s responsibility.

Currency. Client will maintain current versions of applications running on tamaiaz shared infrastructure. tamaiaz may require Client to upgrade versions of software or applications to current versions to ensure supportability or compatibility. tamaiaz may be required by its third-party software licensors to upgrade to the latest version of software.

Configuration. tamaiaz will leverage industry standard practices to ensure that software applications are installed properly. If multiple options exist to install the software, tamaiaz, in its sole discretion, will choose the method that is most appropriate.

Incompatibilities. tamaiaz is not responsible for incompatibilities arising from new versions of software, client content, or shared applications. tamaiaz is not responsible for incompatibilities or performance related to applications not designed to function in a shared infrastructure. tamaiaz will use commercially reasonable methods to assist Client in finding a solution.

Updates and Patches. tamaiaz will use commercially reasonable methods to promptly install security patches and software updates. Updates may change the behavior of systems and applications and as such may negatively impact the performance of services contracted by Client. tamaiaz cannot predict nor can it be responsible for negative service impacts due to updates and patches. If a disruption does occur, tamaiaz will use commercially reasonable methods to remedy the issue as soon as possible after Client notifies tamaiaz of the problem.

4 Maintenance.


Scheduled Maintenance. tamaiaz performs regular maintenance on the server, storage and network infrastructure to ensure optimal performance. Scheduled maintenance is performed during tamaiaz’s regularly scheduled maintenance windows. During scheduled maintenance, Services may be impacted or suspended. tamaiaz will use commercially reasonable efforts to minimize impact to Client’s contracted Services. Client will be notified of scheduled maintenance via email to the Client authorized contact. Services impacted by scheduled maintenance are not included in any service availability calculations.

Unplanned Maintenance. At times, it may be necessary for tamaiaz to perform emergency maintenance on server, storage or network infrastructure. Examples may include security events or hardware replacement. tamaiaz may not provide Client with advanced notice in case emergency maintenance is required. Services impacted by unplanned maintenance are not included in any service availability calculations.

5 Data.


* Integrity and Backups.
– Core Systems. tamaiaz will use various methods and applications to backup servers, storage and network configurations to protect against data loss in the event of a server or disk failure. Core system backup does not include backup of Client applications and content or data. tamaiaz’s core system backups are intended for disaster recovery purposes only. Core system backup scope and scheduling is at tamaiaz’s sole discretion.
– Client Applications and Data. Client may contract with tamaiaz to provide backup of Client applications and data. Additional fees may apply and will vary according to method, application and retention period required.

* Security Threats. Client agrees that tamaiaz may quarantine or delete any data stored on a shared system that is infected with a virus or otherwise corrupted and has the potential to infect or corrupt the system or other customer’s data that is stored on the same system.

* Data Retention. tamaiaz shall not be responsible for Client data after a Client’s account is terminated. All Client data is deleted from servers and storage after Client account is terminated. All Client data is deleted from backups during regular scheduled backup rotation. tamaiaz is not responsible for restoring, providing Client data on storage media or sending Client data pertaining to terminated accounts unless specifically noted in a customized service agreement.

* Privacy. tamaiaz is committed to protecting Client privacy and the confidentiality of Client data to the maximum extent permitted by law and/or accepted by industry standards. tamaiaz will not access, view or review any Client data except as follows:
-Government or Law Enforcement. Client, government or law enforcement agency specifically requests tamaiaz to provide data.
-Operational. During performance of backup/ restore operations and during security events such as virus scanning, removal, spam or content filtering.
-Safety. If access is urgent and required to protect personal safety, perform troubleshooting, restore systems operation in the event of server or disk failure.

6 Support.


-Monitoring. tamaiaz will provide fundamental monitoring of core Services related to servers, storage and network to ensure that systems are operational.
-Technical Support. tamaiaz will provide technical support through Client’s authorized account contacts. Support includes setup and configuration of Client’s account and access to the Services. Fees may apply. Only Client’s authorized account contacts may request information, changes and support related to these Terms of Service and the applicable Service Agreement.

7 Service Level Agreement (SLA).


*Included Servers. tamaiaz Cloud Servers are virtualized services running a variety of operating systems. This includes the Network connectivity, Server and Storage services required to support the tamaiaz Cloud Servers contained within the tamaiaz data center. Applications above the operating system level are not included in calculating SLA performance. The tamaiaz Cloud Servers service is architected for 99% uptime.
*Service Availability Monitoring. tamaiaz monitors the infrastructure and applications supporting tamaiaz Cloud Services in whole. tamaiaz uses a combination of methods to monitor and measure service performance. Monitoring is performed in pre-determined intervals for the purposes of monitoring and measurement calculations.
*Credits. If Service Availability falls below the 99% threshold, Client will be eligible for credit. Credits are calculated as a percentage of the fees for the tamaiaz Cloud Servers service.
-Calculations. Credits of 1% of the tamaiaz Cloud Servers fees are issued for each hour or partial hour of downtime in excess of the 99% threshold.
-Requesting Credit. Client must request credit within 30 days following the end of the downtime. Client must demonstrate that use of tamaiaz Cloud Servers was adversely affected as a result of the downtime to be eligible for credit.
-Maximum Credit. The total credit to Client may not exceed 30% of the monthly fees charged to that Client for tamaiaz Cloud Servers in the month for which the credit is to be issued.
*Limitations. Client accounts must be in good standing and not in breach of the Terms of Service. The total liability of tamaiaz for any damages to Client arising out of the Cloud Services is limited to a maximum of 30% of the monthly fees charged to Client for tamaiaz Cloud Servers in the month that the downtime occurred.

8 Content:


All services provided by tamaiaz may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any country law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless tamaiaz from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:
tamaiaz does not allow adult membership “xxx” related websites, pornography and sex-related content on its servers or services. Nor do we allow adult subscription or membership based “pay sites”. This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. tamaiaz will be the sole arbiter as to what constitutes a violation of this provision.

Educational adult websites, dating sites, and adult e-commerce stores are allowed. If you are in any doubt we strongly recommend checking with tamaiaz support before hosting such websites. tamaiaz will be the sole arbiter as to what constitutes a violation of this provision.

Some Examples of Unacceptable Content:
Adult / Pornographic
Hacking programs / Hacking Archives / Hacking Information
Warez Sites
Spam / Spamming Software

9 Acceptable Use Policy (AUP).


Client agrees to abide by tamaiaz’s AUP. Violations to tamaiaz’s AUP may result in termination of Services for failure to comply with any of the following:
*Copyrighted Material. Client may not use tamaiaz’s servers, storage or network infrastructure to download, distribute, publish or otherwise copy any work protected by copyright law unless Client has been authorized by the owner of the copyright to use the work in that manner;
*Service Availability. tamaiaz’s service availability calculations do not apply to service interruptions resulting from AUP violations.
*Abuse. Client may not use tamaiaz’s servers, storage or network infrastructure to engage in, support, or promote illegal, abusive or irresponsible behavior.
*Bulk Email. Client may not use tamaiaz’s servers, storage or network infrastructure to send bulk, unsolicited email without express consent by tamaiaz.
*Prohibited and High Risk Uses. Client shall not use or access the Services in a manner that materially interferes with or harms the tamaiaz infrastructure or any third parties or is tortious or violates any third party rights. High risk use of the Services is strictly prohibited. Example of high-risk use is any use where a failure of or defect in the Services could result in death or bodily injury to a person or damage to property.

10 Warranty.


tamaiaz will promptly use commercially reasonable methods to return Services to a working state.

11 Disclaimer.


No representation, express or implied, is made that Services will be uninterrupted, error-free, and completely secure. Client acknowledges that there are risks inherent in Internet connectivity that may result in the loss of privacy, Confidential Information, and the loss or damage to property. tamaiaz shall have no obligation to provide security other than as stated in these Terms of Service. tamaiaz disclaims any and all warranties not expressly stated herein, including the implied warranties of merchantability and fitness for a particular purpose.

12 Refund Policy.


If you are not 100% satisfied with your purchase, within 30 days from the purchase date, we will fully refund the cost of your order.
If the type of service is consumed over time on periodically subscription, the consumption rate is calculated and the refund the rest.

13 Suspension of Services.


tamaiaz shall provide reasonable advance written notice of a suspension and an opportunity to cure the grounds on which the suspension are based, unless tamaiaz determines, in its reasonable commercial judgment, that a suspension on shorter or contemporaneous notice is necessary to protect tamaiaz or its other Clients from imminent and significant operational or security risks. tamaiaz may suspend Services without liability if:
*tamaiaz reasonably believes that the Services are being used (or have been or will be used) in violation of the Terms and Conditions.
*Client refuses to cooperate with tamaiaz’s reasonable investigation of any suspected violation of the Terms and Conditions.
*Suspension of Services is necessary to protect tamaiaz’s network or other Clients
*Payment for the Services is overdue.
*Suspension is required by law.