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Terms & Conditions

Effective Date: February 12, 2025  |  Last Updated: February 12, 2025

Welcome to CartOS Hosting, a service operated by Salloq Software ("Salloq," "Company," "we," "us," or "our"). These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("Customer," "you," or "your") and Salloq Software governing your access to and use of the CartOS Hosting platform, including all related services, websites, applications, tools, and resources (collectively, the "Services").

By creating an account, purchasing a plan, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use the Services.

Table of Contents

  1. Eligibility & Account Registration
  2. Description of Services
  3. Billing, Payment & Auto-Renewal
  4. Plan Overages & Monthly Overage Billing
  5. Refund Policy
  6. Acceptable Use Policy
  7. Account Suspension & Termination
  8. Uptime & Service Level Agreement
  9. Data, Backups & Content Ownership
  10. Privacy & Data Protection
  11. Intellectual Property
  12. Third-Party Services & Links
  13. Disclaimers & Limitation of Liability
  14. Indemnification
  15. Modifications to Terms
  16. Governing Law & Dispute Resolution
  17. Force Majeure
  18. Severability & Waiver
  19. Entire Agreement
  20. Contact Information

1. Eligibility & Account Registration

1.1 Eligibility

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to create an account and use the Services. By registering, you represent and warrant that you meet these eligibility requirements and have the legal authority to enter into this Agreement. If you are entering into this Agreement on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

1.2 Account Registration

To access the Services, you must register for an account by providing accurate, current, and complete information as prompted during the registration process. You agree to update your account information promptly to keep it accurate and complete at all times.

1.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to immediately notify CartOS Hosting of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials. You are responsible for all activities that occur under your account, whether or not authorized by you.

1.4 One Person Per Account

Each account is intended for use by a single individual or entity. Sharing of account credentials with unauthorized parties is strictly prohibited and may result in immediate suspension or termination of your account.

2. Description of Services

2.1 Hosting Services

CartOS Hosting provides shared web hosting services including, but not limited to: website hosting, SSD-based storage, bandwidth allocation, email hosting, SSL certificates, automated backups, database hosting (MySQL/MariaDB), SSH access (on applicable plans), staging environments (on applicable plans), and access to our web-based control panel for the management and administration of your hosting account.

2.2 Service Plans

The Services are offered under tiered subscription plans ("Plans"), each with defined resource allocations and feature sets. Current Plan details, including pricing, resource limits, and included features, are published on our website at hosting.cart-os.com. We reserve the right to modify Plan offerings, features, and pricing at any time, subject to the notification requirements described in Section 3 of these Terms.

2.3 Service Availability

We endeavor to make the Services available at all times. However, from time to time, we may need to perform scheduled maintenance, apply updates, or address unforeseen circumstances that may temporarily affect availability. We will make commercially reasonable efforts to provide advance notice of any planned maintenance windows.

3. Billing, Payment & Auto-Renewal

Important: All CartOS Hosting plans are billed yearly in advance. Plans automatically renew on their anniversary date at the then-current published pricing. Please review this section carefully to understand your billing obligations.

3.1 Annual Billing

All CartOS Hosting subscription plans are billed on an annual (yearly) basis. The full annual fee for your selected Plan is due and payable in advance at the time of purchase and at each subsequent renewal. There are no monthly billing options for base plan subscriptions.

3.2 Anniversary Date

Your "Anniversary Date" is defined as the calendar day of the month on which your account was originally activated and your first annual payment was processed. For example, if you sign up on March 15th, your Anniversary Date is the 15th of each month for overage billing purposes, and March 15th of each year for annual renewal purposes. If your Anniversary Date falls on a day that does not exist in a given month (e.g., the 31st in a month with 30 days), billing will occur on the last day of that month.

3.3 Automatic Renewal

Your Plan subscription will automatically renew on its annual Anniversary Date for successive one-year terms unless you cancel your subscription prior to the renewal date. Upon renewal, your account will be charged at the then-current published pricing for your Plan as listed on our website at the time of renewal. We will make commercially reasonable efforts to notify you at least thirty (30) days prior to your renewal date of any pricing changes that would affect your upcoming renewal. It is your responsibility to review the current pricing and cancel before your Anniversary Date if you do not wish to renew at the updated rate.

3.4 Payment Methods

Payment must be made using a valid payment method accepted by CartOS Hosting, which may include credit cards, debit cards, or other electronic payment methods as made available. You authorize us to charge your payment method on file for all fees due under these Terms, including annual renewal fees and monthly overage charges. You are responsible for ensuring that your payment method is current and valid at all times.

3.5 Failed Payments

If a payment fails for any reason, we will attempt to process the charge again. If payment cannot be collected after reasonable attempts, we reserve the right to suspend or terminate your account in accordance with Section 7 of these Terms. A late fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is less) may be applied to any past-due balances.

3.6 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes, levies, or duties associated with your use of the Services, excluding taxes based on our net income.

4. Plan Overages & Monthly Overage Billing

Important: Overages are billed monthly on your Anniversary Date for the preceding month's usage. For example, if your Anniversary Date is the 11th, overage charges for usage from January 11th through February 10th will be billed on February 11th.

4.1 Resource Limits

Each Plan includes defined resource allocations for bandwidth, storage, number of websites, email accounts, and other measurable resources as specified in the Plan description. You are responsible for monitoring your resource usage against your Plan limits.

4.2 Overage Definition

An "Overage" occurs when your usage of any metered resource exceeds the allocation included in your Plan during any given monthly billing period. Metered resources may include, but are not limited to: bandwidth consumption, disk storage usage, number of hosted websites, number of email accounts provisioned, database storage, and email sending volume.

4.3 Monthly Overage Billing Cycle

Overage charges are calculated and billed on a monthly basis, keyed to your Anniversary Date. Specifically, overage charges for any resource usage exceeding your Plan limits during a given monthly period are billed on your Anniversary Date for the preceding month's overages. For example, if your account was activated on the 11th day of a month, overage charges are assessed and billed on the 11th of each subsequent month for overages incurred during the period from the 11th of the prior month through the 10th of the current month.

4.4 Overage Rates

Overage rates for each resource type are published on our website and may be updated from time to time. Current overage rates apply at the time the overage is incurred. We will provide reasonable notice of any changes to overage pricing.

4.5 Overage Notifications

We may, at our discretion, provide notifications when your resource usage approaches or exceeds Plan limits. However, the absence of such notifications does not relieve you of your obligation to monitor your usage and pay any applicable overage charges. It is solely your responsibility to manage your resource consumption within your Plan limits or upgrade to a higher Plan if additional resources are required.

4.6 Plan Upgrades

You may upgrade your Plan at any time through your account control panel. Upon upgrading, the difference between your current Plan fee and the new Plan fee will be prorated for the remainder of your current annual billing period. Upgraded resource allocations take effect immediately upon successful payment of any prorated charges.

5. Refund Policy

5.1 Thirty-Day Money-Back Guarantee

New accounts are eligible for a full refund of the annual Plan fee if a cancellation request is submitted within thirty (30) days of the initial account activation date. This guarantee applies only to the first annual Plan payment and does not apply to renewals, upgrades, overage charges, domain registrations, or any add-on services.

5.2 No Refunds After Thirty Days

After the thirty (30) day money-back period has elapsed, all annual Plan fees are non-refundable. If you cancel your account after this period, your Services will remain active until the end of your current annual billing period, after which your account will be deactivated.

5.3 Overage Charges

Overage charges that have been billed are non-refundable, as they represent actual resource usage that has already been consumed.

5.4 Refunds for Terminated Accounts

Accounts terminated by CartOS Hosting for breach of these Terms, including but not limited to violations of the Acceptable Use Policy, are not eligible for any refund, whether partial or in full.

6. Acceptable Use Policy

6.1 General Conduct

You agree to use the Services only for lawful purposes and in compliance with all applicable federal, state, local, and international laws, regulations, and ordinances. You shall not use the Services in any manner that could damage, disable, overburden, or impair our servers, networks, or infrastructure, or interfere with any other party's use and enjoyment of the Services.

6.2 Prohibited Activities

The following activities are strictly prohibited and constitute grounds for immediate suspension or termination of your account:

  • Illegal Content: Hosting, storing, distributing, or linking to any content that is unlawful, including but not limited to content that infringes on intellectual property rights, promotes illegal activities, or constitutes child exploitation material.
  • Malware & Malicious Code: Distributing viruses, trojans, worms, ransomware, spyware, or any other malicious software or code. Operating or hosting phishing sites, command-and-control servers, or exploit kits.
  • Spam & Unsolicited Communications: Sending bulk unsolicited email, spam, or any form of unsolicited commercial electronic messages. Operating open mail relays or open proxies. Harvesting email addresses or personal data from our servers or any third-party systems.
  • Network Abuse: Engaging in any activity that disrupts, degrades, or threatens the integrity of our network, servers, or infrastructure, including denial-of-service attacks, port scanning, packet sniffing, IP spoofing, or unauthorized access attempts.
  • Resource Abuse: Running processes, scripts, or applications that consume an excessive or disproportionate share of server resources (CPU, memory, I/O) in a manner that negatively affects other customers on shared hosting infrastructure. Cryptocurrency mining is expressly prohibited.
  • Unauthorized Access: Attempting to gain unauthorized access to any accounts, servers, networks, or systems, whether owned by CartOS Hosting or any third party.
  • Fraudulent Activity: Using the Services for any fraudulent purpose, including identity theft, financial fraud, or misrepresentation.
  • Adult Content: Hosting or distributing pornographic, obscene, or sexually explicit material, unless explicitly permitted under a specialized Plan offering, which CartOS Hosting does not currently provide.
  • Reselling Without Authorization: Reselling, redistributing, or sub-licensing the Services or any portion thereof without prior written authorization from CartOS Hosting.

6.3 Content Standards

You are solely responsible for all content hosted on, transmitted through, or linked from your account ("Your Content"). You represent and warrant that Your Content does not and will not violate any applicable law or the rights of any third party, and that you have all necessary rights, licenses, and permissions to host and distribute Your Content through the Services.

6.4 Reporting Violations

If you become aware of any violation of this Acceptable Use Policy, or if you believe that any content hosted on our platform violates these Terms or applicable law, please report it immediately to abuse@cart-os.com.

7. Account Suspension & Termination

Please note: CartOS Hosting reserves the right to suspend or cancel any account at any time, with or without notice, for breach of these Terms and Conditions.

7.1 Suspension by CartOS Hosting

We reserve the right to suspend your account and access to the Services, in whole or in part, immediately and without prior notice, if we reasonably determine that:

  • You have violated or are in breach of any provision of these Terms, including but not limited to the Acceptable Use Policy;
  • Your account is being used for any illegal or unauthorized purpose;
  • Your use of the Services poses a security risk to our infrastructure, our network, or other customers;
  • Your use of the Services may subject CartOS Hosting, Salloq Software, or any third party to liability;
  • Your account has an outstanding and overdue balance;
  • We are required to do so by law, regulation, court order, or governmental authority;
  • We reasonably believe suspension is necessary to protect the integrity, security, or availability of the Services.

7.2 Termination by CartOS Hosting

We reserve the right to terminate your account and this Agreement at any time, with or without cause, upon notice to you. In cases of material breach of these Terms, termination may be effective immediately and without prior notice. Upon termination for cause, you shall not be entitled to any refund of prepaid fees.

7.3 Termination by Customer

You may cancel your account at any time by submitting a cancellation request through your account control panel or by contacting our support team. Cancellation will take effect at the end of your current annual billing period. You remain responsible for all charges incurred through the effective date of cancellation, including any outstanding overage charges.

7.4 Effect of Termination

Upon termination or expiration of your account, for any reason:

  • Your right to access and use the Services will immediately cease;
  • All data, files, websites, databases, email accounts, and other content associated with your account may be permanently deleted after a grace period of fifteen (15) calendar days following account termination;
  • It is solely your responsibility to export and back up all of Your Content prior to the termination of your account;
  • We shall have no obligation to retain, forward, or provide access to Your Content after the grace period has expired;
  • Any outstanding fees, including overage charges, remain due and payable.

7.5 Reinstatement

Reinstatement of a terminated or suspended account is at the sole discretion of CartOS Hosting and may be subject to payment of all outstanding balances, a reinstatement fee, and/or additional conditions as we may require.

8. Uptime & Service Level Agreement

8.1 Uptime Commitment

CartOS Hosting targets a 99.9% network uptime on an annual basis, measured across our shared hosting infrastructure. "Uptime" is defined as the availability of our core hosting servers and network infrastructure for the transmission and receipt of data.

8.2 Exclusions

The following events are excluded from uptime calculations: scheduled maintenance windows (with reasonable advance notice provided); emergency maintenance required for security or stability purposes; downtime caused by factors outside of our reasonable control, including but not limited to Force Majeure events, DNS propagation issues, third-party service failures, or attacks on our infrastructure; downtime resulting from your actions, your code, your applications, or your use of the Services; and any period during which your account is suspended due to a breach of these Terms.

8.3 Service Credits

If we fail to meet the 99.9% uptime commitment in any given calendar month, you may request a service credit. Service credits are calculated as a prorated portion of your monthly Plan fee (annual fee divided by twelve) for each full hour of downtime below the 99.9% threshold, up to a maximum credit of 30% of your monthly Plan fee for that month. Service credits must be requested in writing within thirty (30) days of the downtime event and are issued at our sole discretion. Service credits are applied as account credits and are not refundable as cash.

9. Data, Backups & Content Ownership

9.1 Your Content

You retain all ownership rights in and to Your Content. By using the Services, you grant CartOS Hosting a limited, non-exclusive, royalty-free license to host, store, transmit, display, and distribute Your Content solely as necessary to provide the Services to you in accordance with these Terms.

9.2 Backups

CartOS Hosting performs automated backups of hosted content at frequencies determined by your Plan level (weekly, daily, or real-time). However, these backups are provided as a courtesy and convenience feature, and are not guaranteed. You are solely responsible for maintaining your own independent backups of all data, files, databases, and content. CartOS Hosting shall not be liable for any loss of data, regardless of the cause, including but not limited to hardware failure, software errors, security breaches, accidental deletion, or acts of God.

9.3 Data Retention

Upon termination of your account, we will retain Your Content for a grace period of fifteen (15) calendar days, after which all data may be permanently deleted. We are under no obligation to retain Your Content beyond this period.

10. Privacy & Data Protection

10.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, available at hosting.cart-os.com/privacy, which is incorporated by reference into these Terms. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

10.2 Data Security

We implement commercially reasonable administrative, technical, and physical security measures to protect your data. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security. You acknowledge and accept the inherent risks of transmitting data over the internet.

10.3 DMCA Compliance

CartOS Hosting respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that content hosted on our platform infringes on your copyright, please submit a DMCA takedown notice to our designated agent at dmca@cart-os.com. We will respond to valid notices in accordance with applicable law, which may include removing or disabling access to the allegedly infringing content and, in appropriate circumstances, terminating the accounts of repeat infringers.

11. Intellectual Property

11.1 Our Intellectual Property

All intellectual property rights in and to the Services, including but not limited to the CartOS Hosting platform, software, website, logos, trademarks, service marks, trade names, documentation, and all related technology and content, are and shall remain the exclusive property of Salloq Software and its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited right to use the Services in accordance with these Terms.

11.2 Feedback

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services or any other products or services without any obligation or compensation to you.

12. Third-Party Services & Links

The Services may contain links to, or integrations with, third-party websites, applications, or services that are not owned or controlled by CartOS Hosting. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that CartOS Hosting shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services.

13. Disclaimers & Limitation of Liability

13.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARTOS HOSTING AND SALLOQ SOFTWARE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARTOS HOSTING, SALLOQ SOFTWARE, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3 Maximum Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO CARTOS HOSTING DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.4 Essential Basis

You acknowledge that the limitations of liability set forth in this Section are an essential element of the bargain between you and CartOS Hosting, and that the pricing of the Services reflects this allocation of risk. These limitations shall apply regardless of whether any limited remedy fails of its essential purpose.

14. Indemnification

You agree to indemnify, defend, and hold harmless CartOS Hosting, Salloq Software, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Services; (b) Your Content or any content you host, transmit, or distribute through the Services; (c) your violation of these Terms, including the Acceptable Use Policy; (d) your violation of any applicable law, regulation, or third-party right; or (e) any dispute between you and any third party relating to the Services.

15. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Material changes will be communicated by posting the revised Terms on our website and updating the "Last Updated" date at the top of this page. We may also provide notice via email to the address associated with your account. Your continued use of the Services following the posting or notification of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Services and cancel your account before the changes take effect.

16. Governing Law & Dispute Resolution

16.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles.

16.2 Jurisdiction

You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Sacramento County, California, for the resolution of any disputes arising out of or relating to these Terms or the Services.

16.3 Informal Resolution

Before initiating any formal legal action, you agree to first contact us at legal@cart-os.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. In the event that informal resolution is unsuccessful, either party may proceed with formal dispute resolution as set forth in this Section.

16.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CARTOS HOSTING AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and CartOS Hosting each waive any right to a jury trial.

17. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (except for payment obligations) to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, earthquakes, floods, hurricanes, epidemics, pandemics, fire, war, terrorism, civil unrest, labor disputes, government actions, embargo, sanctions, power outages, internet service disruptions, telecommunications failures, cyberattacks, or any other event that could not have been reasonably foreseen or prevented. The affected party shall promptly notify the other party and use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.

18. Severability & Waiver

18.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

18.2 Waiver

No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any provision of these Terms shall only be effective if made in writing and signed by the waiving party.

19. Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and any Plan-specific terms or order forms, constitute the entire agreement between you and CartOS Hosting with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of a conflict between these Terms and any other document referenced herein, these Terms shall control unless the conflicting document expressly states that it supersedes these Terms with respect to the specific matter at issue.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:

CartOS Hosting — A Salloq Software Service
Email: legal@cart-os.com
Support: support@cart-os.com
Abuse Reports: abuse@cart-os.com
Website: hosting.cart-os.com

By using CartOS Hosting, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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