Web Hosting

Terms & Conditions  

1. Fees and payment

1.1. Web Application Owner is responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order.

1.2. Unless a specific agreement for use of the Service(s) exists between Native Legacy and Web Application Owner, Web Application Owner acknowledges and agrees to pay the fee for the respective Service(s) quoted to Web Application Owner at the time Web Application Owner submits the Order. Native Legacy reserves the right to change the fees at any time with 30 day notification. Changes in fees shall be effective immediately and will apply for Web Application Owner as of the next purchase or renewal.

1.3. All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. Web Application Owner is responsible for all taxes levied on the Services.

1.4. In certain cases, the issuer of the payment method may charge a foreign transaction fee or other fees, which may be added to the final amount that appears on the bank statement or posted as a separate charge. Native Legacy has no control over such fees.

1.5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to Native Legacy. Domain name registration fees must be paid in full before the domain name registration will be processed.

1.6. In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize Native Legacy to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to Native Legacy, we will not be liable for non-provisioning the Service(s).

1.7. In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.

1.8. You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any Native Legacy Service(s) you purchase or renew.

1.9. Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.

1.10. You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason.

1.11. You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorised by the owner of the card to use it for the purchase.

1.12. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Native Legacy, including without limitation, any court and legal fees and Native Legacy‘s reasonable attorneys’ fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).

1.13. You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.

1.14. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Hosting Accounts or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.

1.15. Invoices are due immediately upon receipt. Native Legacy reserves the right to suspend and/ or terminate the Services until payment is made.

1.16. By accepting these TOS, you hereby authorize Native Legacy to send you invoices electronically at the email address specified by you. If you would like to receive a paper invoice, please contact us at hello@nativelegacy.co

1.17. Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.

1.18. If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a “chargeback” based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.

1.19. Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. Native Legacy is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

1.20. With your prior consent we may process a refund as credit added to your Customer Account (Native LegacyWallet) to be used for future purchases and/or renewals of our Service(s). Native Legacy Wallet amounts can be reimbursed upon your explicit request.

2. Termination 

2.1 Web Application Owner may terminate this Web Hosting Agreement at its sole discretion upon the occurrence of one or more of the following events:

1) Failure to comply with any and all terms listed above.

2) Bankruptcy of either party

3) Upon written agreement between both parties

3. Disputes

3.1. If legal proceedings shall occur for any reason regarding this web hosting agreement the party prevailing shall have all costs, and fees in connection with that proceeding covered by opposite party.

4. Renewal Policy

4.1. All our Services are by default set to renew automatically. You can adjust the renewal settings and/or renew Services manually by contacting Native Legacy at any time before a Service is terminated at hello@nativelegacy.co.

4.2. All available Renewal Terms and the respective Renewal Fees are set out in your User Area.

4.3. We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s):

●     fifteen days prior to the expiration of the current Term for all Services.

4.4. If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.

4.5. You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.

4.6. You acknowledge and agree the Service(s) shall be automatically renewed. You agree that Native Legacy shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.

5. Money Back Policy

5.1. If you no longer need a Service you have purchased or are unsatisfied with its performance, you can cancel it at any time. We recommend that cancellation requests are posted to hello@nativelegacy.co.

5.2. Our Money Back Policy covers initial and renewal Orders for Shared Hosting and Cloud Services and most additional features we offer. For the initial period after an account is activated we will issue a full refund for Shared Hosting Accounts and Services cancelled within 30 days from activation and for Cloud Accounts cancelled within 14 days of activation. For renewal fees we will issue a full refund, if cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has not started. If the renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the renewal Term (the annual fee divided by 12). Refunds are processed within ten (10) business days after a Service is cancelled.

5.3. Native Legacy is a SiteGround hosting reseller.

The SiteGround Acceptable Use Policy (AUP) sets out the rules and guidelines for using our Services. You agree that you will use the Services in full compliance with all the SiteGround Terms of Services (TOS) and the AUP. You can find SiteGround’s full Terms and Policies here.

5.4. By using any service provided by Native Legacy you agree that:

You will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable national or local authority/regulator;

 

You will not transmit any unsolicited commercial or bulk email. You will not engage in any spamming or Mail Bombing activities; 

All your outgoing email messages containing advertising will include an automated opt out;

You will not make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;

You will not make, attempt or allow any unauthorized access to Native Legacy and/or third-party website(s), server(s), or hosting accounts and/or services;

You will not allow any remote code execution of malicious software;

You will not cause denial of service attacks, port scans or other endangering and invasive procedures against Native Legacy servers and facilities or the servers and facilities of other network hosts or Internet users;

You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);

You will not display, store, distribute or otherwise make available any content or material that you are not authorized to, whether because prohibited by law, agreement or other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;

You will not impersonate any person or entity; 

You may host websites related to high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. only after receipt of our explicit consent. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.

You will not harm or seek to harm minors in any way;

You will not host or operate an audio and/or video streaming service;

You will not host websites that make use of cryptopools/contain mining scripts, promote cryptocurrency money-making schemes, are crypto exchange and crypto airdrop sites;

You will not host any website, content, links or advertisements of websites that:

infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any party;

profess hatred for particular social, ethnical, religious or other group;

contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interrupt, limit the functionality or destroy any software, hardware or equipment;

contain Illegal or Hacking/Phreaking Software (Warez);

contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);

contain any kind of proxy server or other traffic relaying programs; 

promote Money Making Schemes, Multi-level Marketing or similar activities;

contain Torrent trackers, Torrent Portals or similar software;

are used to operate and contain peer-to-peer network systems and file sharing systems;

are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;

contain personal data, private information, images, photos, videos and any other identifying information or material of any third party, including children without their consent (or a parent’s consent in the case of a minor);

advertise, encourage or give any kind of support to the use and/or sale of drugs and any related substances without permission by the government or other authority;

contain any data, material that is unlawful, abusive, threatening, harassing, or defamatory;

contain fake news, misleading, untruthful or inaccurate information;

promote, encourage or give any kind of support to violence and terrorism.

Examples of unacceptable content, data, materials, websites on all Native Legacy servers include but are not limited to:

IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.

Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers.

5.5. By using our Services you also agree not to engage in or to instigate actions that cause harm to Native Legacy, other Native Legacy customers or any third party. Such actions include, but are not limited to, actions resulting in blacklisting any Native Legacy IPs by any online spam or IP reputation database, actions resulting in DOS attacks for any Native Legacy server, etc.

5.6. You are solely responsible for ensuring that all programs and scripts installed or used on the Services are secure and the permissions of directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity while using the Services, including any compromise of login credentials.

5.7. You agree to keep all your login credentials secure at any time. We reserve the right to carry out audits to determine the security level of login credentials. In the event that we determine your login credentials have been compromised (e.g. were brute-forced, hijacked, stolen, etc.) and are being used or were used for uploading, maintaining, running unacceptable content, data materials or websites, we may suspend access to the compromised Service (including but not limited to Customer Account, hosting service, user accounts, website, FTP service, Email service). We will notify you if such actions are taken against your hosting account.

5.8. Native Legacy shall not provide legal advice referring to compliance of content and materials uploaded on or transmitted through our Services. You shall be solely responsible for verifying whether your content and materials comply with any applicable law, including laws in jurisdictions where your content and/or materials are uploaded, hosted or accessed. Native Legacy shall not bear any liability if your use of the Services violates any law or regulation.

5.9. If your use of the Services results in violation the AUP, we may take immediate corrective action without prior warning, including deletion of content or Service suspension. Repeated violations of the AUP will result in termination of the Agreement with no refund. Native Legacy shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Native Legacy, other Native Legacy customers or any third party.

5.10. We reserve the right to terminate the Agreement for Services suspended for violation of the AUP or the TOS with no refund.

5.11. Any violation of our AUP should be reported to us at hello@NativeLegacy.co.

5.12. The AUP is an integral part of the Native Legacy Terms of Service (TOS). For all issues related to the use of the services not settled by the AUP, the provisions of the TOS shall apply.

6. Technical Support

6.1. Technical support services:

6.1.1. We provide technical support for issues only related to functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.

6.1.3. You may request technical support through phone, chat and/or email. Depending on the issue, we may not be able to provide assistance over all communication channels, but will recommend one or two where support can be delivered.

6.1.4. If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational and that all 3rd party plugins and applications that comprise the entirety of your website including any Services provided by 3rd party vendors are configured to your needs before and after we complete work on your request.  

6.1.5. If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.

6.1.6. To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (i) you violate these TOS; (ii) you are abusive towards our employees or subcontractors; (iii) the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of Native legacy’s control, or your failure or refusal to implement changes recommended by Native Legacy. We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.

6.2. Scope of free technical support

6.2.1. We provide free technical support for issues related to our hosting platforms and features:  

Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;

Issues related to the proper functionality of SiteGround User Area, including tools and features provided by SiteGround, such as auto-update services, caching, staging, integration for currently supported SSL certificates, daily backup, control panels, CDN and other;

Assistance related to settings and proper usage of the tools and features provided by us;

Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from SiteGround/Native Legacy to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.

6.3.  Issues outside the scope of free technical support

6.3.1. Certain issues are outside the scope of our free technical support:

Issues related to the installation of third-party scripts/applications not provided by SiteGround and Native Legacy;

Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.;

Issues related to web design, web development and/or customization;

Inquiries related to the functioning of scripts, optimizations, SEO services, themes, extensions or any website applications not provided by Native Legacy or SiteGround;

Website security audits and malicious code clean-up issues.

6.3.2. If you request technical support for issues outside the scope of our free technical support services and any technical work capabilities, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.

7. Indemnification

7.1. You agree to indemnify and hold harmless Native Legacy Ltd., and our subsidiaries, affiliates, directors, officers, employees against any and all claims, losses, demands, damages, expenses, settlements.

7.2. Hosting Provider is in agreement to refrain from recompiling, disassembling, decoding, or reverse engineering of any Company program, code or technology belonging to Web Application Owner.

8. These Terms May Change

8.1 We reserve the right to revise or change any portion of the terms at any time without advanced notice. Any changes will be effective upon posting the revisions to this website. The most current version of our terms will always be located on this page. Your continued use of our service following the posting of any changes will constitute your acceptance of said changes. If you do not agree to the changes made to the terms, please immediately terminate your service.