Check our Terms & Conditions below.
Okay, we know it's a pain, but the terms below describe our hosting platform, service, and infrastructure.
It's essential to know, so take a few moments to read and understand the terms of service completely when you have some free time.
By signing up for our services or registering for them, you are agreeing to the terms outlined on this page.
Terms of Use
Access to and use of our website at www.devcode.ma (the “Website”), either as a guest or a registered user, is subject to these Terms of Use. In these Terms of Use, “we”, “us” and “our” means Devcode.ma, who operates this Website.
By accessing the above domain name, you will be guided to the Website. These Terms of Use apply to all use of the Website, regardless of which of the above domain names you use to gain access to the Website.
Use of the Website includes, but is not limited to, accessing, browsing or registering to use the Website.
If you use any part of the Website, that use is considered your acceptance of these Terms of Use. That acceptance applies from the date on which you first access the Website. You should stop using the Website straight away if you do not agree with these Terms of Use.
Before entering the Website, you should read these Terms of Use carefully, but also the Privacy and Cookies Policy. Before signing up for the services that we provide through the Website, you should read our Terms and Conditions.
Your use of the Website
You shall not use the Website for, or send to the Website, anything which, in any way:
5.1. is not in our best interests;
5.2. involves your use of any viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful or is intended to damage or interfere with the Website or any other system or information;
5.3. is infringing of any intellectual property rights or rights of privacy or confidentiality of us or any third party;
5.4. is fraudulent, criminal or not lawful, or which is in breach of any applicable law, statute, regulation or bye-law;
5.5. is misrepresentative or impersonates another person or organisation;
5.6. is defamatory, racist, sexist, defamatory, discriminatory, offensive, threatening, hateful, pornographic, indecent, obscene, malicious, abusive, political or untrue, or selling of prohibited materials i.e. drugs, weapons, fraudulent documents or counterfeit money;
5.7. is not accurate or outdated; or
5.8. is contrary to these Terms of Use or the Privacy and Cookies Policy
If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us a worldwide, royalty-free, irrevocable, assignable, sub-licensable licence to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, in our absolute discretion, to be appropriate.
We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality.
You shall comply at all times with our instructions for use of the Website.
You shall fully and promptly indemnify us against all damages, claims, demands, losses, proceedings, liabilities, charges, costs, and expenses suffered or incurred by us due (directly or indirectly) to your failure to comply within any provision of these Terms of Use.
Availability, accuracy, and security of the Website
The Website is made available free of charge.
The content on the Website (including, but not limited to, the content of the Announcement, Blogs, Knowledge Base and Service Status sections of the Website) is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality.
We will use our reasonable endeavours to make the Website available 24 hours a day. Subject to paragraph 19 below, we shall not have any liability if the Website is unavailable for any period or at any time.
Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.
We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
It is your responsibility to ensure that any hardware, software, or any equipment that you use is compatible with the Website, and, subject to paragraph 19 below, we shall not have any liability for any damage caused to, or viruses or other information which may effect, any such hardware, software or equipment due to your access to the Website. You should use your own virus protection software.
Subject to paragraph 19 below, we shall not have any liability for the actions of third parties.
Liability
We accept liability for:
19.1. death or personal injury caused by our negligence;
19.2. our fraudulent misrepresentation; and
19.3. any other liability that we cannot exclude or limit at law.
Subject to paragraph 19 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific client (which shall be governed by separate contractual terms of engagement):
20.1. our maximum liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability) in relation to your use of or inability to use, or delay in use of, or reliance on any content on, the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material, shall be £100; and
20.2. we shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability):
20.2.1. in relation to your use or inability to use of, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it; or
20.2.2. arising from any action or decision taken as a result of using the Website or any such material;
for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 20.2 apply whether such losses are direct, indirect, consequential, or otherwise.
To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Website or any content on it, whether express or implied.
Intellectual Property
We are the owner or licensee of all intellectual property rights on the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All names, logos and related names, design marks, and slogans used by us are trademarks or service marks of us or our licensees.
Unless otherwise stated, the copyright, database rights, and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics, and materials (together “Materials”) on the Website, and the design, layout, “look and feel” and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:
24.1. your use of the Website and any Materials is for your internal, personal, private use only;
24.2. except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or any public or private electronic retrieval system or service;
24.3. you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
24.4. except as we expressly permit, you must not in any way modify any Materials on the Website;
24.5. our copyright notice (e.g. © Devcode.ma) or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;
24.6. when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers, and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;
24.7. if you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made; and
24.8. any rights not expressly granted in these Terms of Use or otherwise by us are reserved.
Your account and login details
You may need to use a username and password to access restricted sections of the Website. To register for such access, you may need to provide us with your name, email address, phone number, and your chosen username and password; please see our Privacy and Cookies Policy for more details about this.
When you choose a username, password, or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You should not choose a password that can be guessed easily.
If you think you may have lost your password or allowed a third party to see it, you must let us know straight away.
You shall be responsible for all use of the Website made under your login details.
We may require that you change your password from time to time.
We may disable any login details at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.
Third-party websites
We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to paragraph 19 above, we shall have no liability for the content of those linked websites. Those websites are provided “as is” with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content, or their operators or owners.
Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person’s website.
We hereby grant to you a royalty-free, non-exclusive, revocable licence to provide a link from your website to the homepage of the Website; however, you must do so in a legal and fair way without damaging our reputation or taking advantage of it, and:
34.1. you shall not establish a link to the Website on any website that is not owned by you;
34.2. you shall not say anything that is false, misleading, derogatory, or offensive about us or our services;
34.3. you shall not make any warranties or representation about us or our services without our prior written consent;
34.4. you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and
34.5. you may not charge any fee to any third party in order to use such link or to otherwise access the Website and, if you act in breach of this paragraph34.5, you agree that any such fee that you have received shall become immediately payable by you back to such third party.
We reserve the right to withdraw this linking permission without notice.
Domains
Devcode is not a domain registrar. We are a domain reseller for NameSilo so all Devcode customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by NameSilo. You will receive notice from Devcode once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of losing your domain. Domain names are billed as separate services and must be kept current to ensure they do not expire. If your domain name has expired, you may renew it at the regular price no more than 25 days after the expiration date. If the domain has been expired for 31 days or more it may have been auctioned off, if so your domain is gone. If your domain was not auctioned you may redeem the domain for a $125 fee no later than 60 days past the expiration date. Domains are not guaranteed to be renewable past 25 days of their expiration. All domains will cease to function past their expiration date until renewed. There is no grace period on domain name registrations. Should any payment dispute or chargeback arise regarding your domain name services, access and rights to your domain name will be immediately forfeited. To recover your domain name from forfeiture a reinstatement fee of $75 plus your remaining balance will be required if processed within the original expiration time.
Changes to the Website and these Terms of Use
We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.
We may change these Terms of Use at any time without notice to you. If we do change these Terms of Use, we will post the updated Terms of Use on the Website. It is your responsibility to check the Website from time to time to see if there have been any changes to these Terms of Use. Once any updated Terms of Use are posted on the Website, your continued use of the Website will be considered to be your acceptance of those updated Terms of Use.
General
If any provision of these Terms of Use shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction, then, to the extent that provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted, and the remaining provisions of these Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms of Use and your use of the Website (including, but not limited to, all non-contractual arising out of or in connection with them or it) shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with these Terms of Use and your use of the Website shall be subject to the exclusive jurisdiction of the English courts, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.
Service Delivery
Shared / WordPress / Application Hosting:
Shared hosting accounts will be activated instantly on receipt of payment. Once paid, our systems will automatically provision your account and will notify you of any relevant setup/information.
Due to our fraud prevention systems – any order may be placed in a ‘Pending’ state awaiting confirmation/acceptance by management. This may cause delays and will prevent the automatic creation of the shared hosting accounts mentioned above.
Fair Usage
This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Devcode.ma, as well as its subsidiaries and sister companies (“Devcode”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Devcode. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Devcode service(s) or products or to cancel Your Devcode service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Devcode’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.
USER OBLIGATIONS
Represent and warrant to Devcode that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Devcode shall not be used in connection with any illegal activity.
You expressly (i) grant to Devcode a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Devcode under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
NETWORK INTERRUPTIONS / DOWNTIME
Devcode will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Devcode be liable to You for any damages resulting from or related to any failure or delay of Devcode in providing access to the Internet under this Agreement. In no event shall Devcode be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Devcode under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder within a given month and would be first subject to those terms outlined within our ‘Service Level Agreement’. The terms of this Section will survive the termination of this Agreement.
ACCOUNTS
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Devcode account may not be transferred without prior written approval from Devcode.
IP ADDRESSES
Devcode assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Devcode services. The right to use that IP address will remain with and belong only to Devcode, and You will have no right to use that IP address except as allowed by Devcode in its sole and absolute discretion.
SSH ACCESS
You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail / Caged access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
PROHIBITED ACTIVITIES
By using any Services, provided by Devcode You agree:
At its discretion, Devcode can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
Email and Anti-SPAM Policy
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Devcode. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Devcode prohibits the following activities listed without limitation hereunder:
If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a £500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.
RESOURCE LIMITATIONS
The shared hosting services offered by Devcode comprise the provision of web space on our servers, enabling you to upload website pages and files for the purpose of website publishing.
The shared hosting services offered by Devcode may be offered on an ‘unlimited’ basis in terms of server storage, or bandwidth for normal routine ‘non-file-distribution’ web usage. Fro websites that allow the downloading of video or audio files we reserve the right to impose a limit of ten (10) GB total per account.
In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
a. use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
c. run any type of web spider or indexer
d. run any software that interfaces with an Internet Relay Chat network
e. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
f. participate in any file-sharing/peer-to-peer activities
g. run any gaming servers or gaming-related facilities
h. run entries or other scheduled tasks other than by configuring them through our control panel
i. give away web space under a domain (including Resellers giving away free websites)
j. operate a proxy website or service
k. as a remote file host for other websites
l. operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio, and Sparkleshare.
m. run any news/article based blogs or websites which generate content through the use of bots
You must not use the Hosting Services as a backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that fall within any of these terms without giving notice to you.
All pages of websites stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimize your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo, and other large search engines.
MySQL Databases may be limited to 1024 megabytes in size at our discretion. Databases in excess of this size may, only via prior consent be run under our supervision.
FOR HOSTING ACCOUNTS
Your use of the server resources shall not endanger the capacity and operation of the shared server.
Any shared or reseller hosting service/account may use no more than the resources outlined against its package.
Accounts that are deemed to exceed those resource limits (by examination of LVE faults or at the discretion of Devcode) will be suspended pending further investigation.
Where we deem necessary and within our discretion, we reserve the right to account removal, without guarantee of backup availability to ensure the stability of the service to others on the same shared server/environment.
We may provide a ‘burstable’ allowance ahead of the resources available to the chosen package, which is provided solely at our discretion. We may on occasion burst the resources of a particular account to maintain the stability of the service/server your account is hosted on.
If we see excessive faults/usage against a particular account, we reserve the right to maintain suspension/removal on a permanent basis.
In all cases of over usage, we will try to provide an alternative solution, which in most cases me incur an alternative charge or service, either by ourselves or a 3rd party recommendation.
DISK USAGE PROVISION
The content on your website must be linked from an HTML or similarly coded web page with all content freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.
Downloadable files, media, databases must comply with the following limitations:
Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
Under its sole discretion, Devcode reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Devcode and shall be made in its reasonable discretion.
Devcode reserve the right to remove the following extensions without prior warning, and at its sole discretion – mp3, mp4, tar.gz, zip, .wpress, .jpa, .exe, wav.
BACKUP LIMITATIONS
Any shared hosting account that uses more than 10GB of disk space or contains more than 200,000 inodes may be removed from our weekly or daily backups. Any user whose hosting account is using more than 10GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.
Softaculous backups will be removed from the server and no copy will exist.
Plugins used for backups may not store local backups within the account quota and may only be stored ‘offsite’ with an arranged cloud storage provider, such as Google Drive or S3. Any backups left on the system, or excessive backups retained may lead to account suspension or removal.
The following extensions / files will be excluded from our backups…
*.swf
*.flv
*.exe
*.xen
*.iso
*.7z
*.tar
*.jpa
*.wpress
*.tar.gz
*.zip
*.mp4
*.mp3
*.wav
backup-*.tar.gz
cpmove-*.tar.gz
site-*.tar.gz
.MirrorSearch
*/com_akeeba/backup/*
*/backupbuddy_backups/*
*/.wysiwygPro_*
*/core.[0-9]*
public_html/cache/*
tmp/*
logs/*
.cagefs
.cagefs*
.cpan
.cpanel/caches
.cpanel/datastore
.cpcpan
.sqmailattach
.cpanel/*.sock
access-logs/*
*/error_log
public_ftp/*
softaculous_backups/*
*/wp-content/uploads/wpcf7_captcha/*
*/wp-content/widget-cache/*
*/wp-content/cache/*
*/wptsc-cachedir/*
mail/*/*/.Trash/*
mail/*/*/.Drafts/*
mail/.Drafts/*
mail/.Trash/*
The above extensions may on occassion also be removed from account storage automatically, to ensure stability / free storage capacity on any shared server /service.
Automatic backups are only available where stated within the marketing collateral for that particular product. Unless otherwise stated, we will not retain backups (for example, VPS servers / dedicated servers).
Our standard shared / reseller backup schedule is as follows…
7 Daily Backups
4 Weekly Backups
Backups are stored off-site, and are managed from within the hosting account.
Whilst we will maintain every effort to ensure backups are complete and available, Devcode cannot be held responsible where backup data s missing or corrupt.
When an account is terminated / removed either by us or the reseller (either through purpose, or human error), we may hold backups of the removed account for a maximum 48 hours. The standard retention policy does not apply post-removal.
EMAIL SERVICES
You should use email and other related services in full compliance with the terms below:
In order to safeguard overall server performance, You may send and/or forward not more than 150 of emails, per hour
For Shared Hosting accounts, email storage shall not exceed the 10GB limit.
For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
For POP3, You may perform up to 10 concurrent connections to email system per IP address on Shared and up to 20 concurrent connections to email system per IP address on Business and Email servers.
For IMAP, You may perform up to 30 concurrent connections to email system per IP address on Shared.
Devcode may, at its sole discretion, limit the volume of email messages You can deliver through our services. Devcode may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. Devcode may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Devcode be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
TRANSFER OF CONTENT
Devcode provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Devcode does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Devcode. Your use of any third party software is at Your own risk. Devcode cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Devcode will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup unless otherwise agreed in writing.
THIRD PARTY SOFTWARE
Devcode provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Devcode does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Devcode. Your use of any third party software is at Your own risk. Devcode cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Devcode will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
RESERVATION OF RIGHTS
Devcode explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Devcode; (ii) establish limits and guidelines concerning the use of Devcode services and/or products; (iii) terminate Your use of Devcode services and/or products for use of Devcode services and/or products to unnecessarily or illegally harass Devcode or third parties, non-payment of fees for Devcode services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Devcode, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Devcode determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Devcode services and/or products if Your use of Devcode services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Devcode or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Devcode services and/or products at any time and for any reason if deemed reasonably necessary by Devcode. Devcode has no obligation to monitor Your use of Devcode services and/or products, but reserves the right in its sole discretion to do so.
Right of Refusal. Devcode has the right to refuse services to anyone at Our discretion.
LIMITATION OF LIABILITY; WAIVER AND RELEASE
The services offered by Devcode are being provided on an “AS IS” and Devcode expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Devcode expressly does not warrant that Devcode services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Devcode shall create any warranty not expressly made herein. You agree that Devcode will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Devcode; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Devcode has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Devcode has no obligation to back-up any data related to your website.
LEGAL AGE
You attest that you are of legal age (18 or over) to enter into this Agreement. We reserve the right to terminate an agreement with anyone under the age of 18 years.