Terms of Service

Terms of Service
Martical.com

Last updated: August 10, 2025

Important: By creating an account, placing an order, or using any Martical.com service, you agree to these Terms of Service and all policies referenced here, including the Acceptable Use Policy (AUP), Refund Policy, Privacy Policy, Cookie Policy, Service Level Agreement (SLA), and any service-specific terms. If you do not agree, do not use our services.

1. Definitions

• “Martical,” “we,” “us,” or “our” means the Martical.com operating entity providing the Services.

• “You,” “Customer,” or “Client” means the person or entity using the Services.

• “Services” means Shared Hosting, Cloud Hosting, Reseller Hosting, Email Hosting, Cloud VPS, Storage VPS, VDS, Dedicated Servers, Domain Names, Website security services, and any related products, add-ons, or professional services.

• “Account” means your client portal account at Martical.com.

2. Eligibility and Account

• You must be at least the age of majority in your jurisdiction and able to form a binding contract.

• Account information must be accurate and kept up to date. You are responsible for all activity under your Account.

• Keep credentials and API keys secure. Notify us immediately of suspected compromise. You authorize us to act on instructions authenticated via your Account.

3. Orders, Provisioning, and Use

• Orders are subject to acceptance, fraud screening, and availability. We may refuse or cancel an order at our discretion with a refund where applicable.

• We provision Services after successful payment and verification. Some Services may require ID/KYC or additional validation.

• You are responsible for proper configuration, security hardening, backups, and compliance of your content and applications unless expressly provided as a managed service.

• You must comply with our AUP at all times. Prohibited uses include spam, abuse, malware, phishing, DDoS activity, hosting illegal content, intellectual property infringement, or activities that disrupt or harm our network or others.

4. Term, Renewal, and Cancellation

• Term: Services are sold on billing cycles (e.g., monthly, annually) beginning on the provisioning/activation date.

• Auto-renewal: Unless disabled in your client area, Services auto-renew at then-current rates using your saved payment method. You are responsible for timely renewals.

• Cancellation: You may cancel at any time via the client area. Cancellation takes effect at end of the current term unless you request immediate cancellation. Data may be permanently deleted upon termination.

• We may suspend or terminate Services for non-payment, AUP/ToS violations, fraud, legal request, or risk to our network. We will use reasonable efforts to notify you unless prohibited by law or security concerns.

5. Fees, Billing, and Taxes

• Prices are listed in your checkout currency and may change with notice. Promotional pricing may apply only to the initial term and revert on renewal.

• You agree to pay all fees, overages, bandwidth/traffic and storage charges, license fees, IP fees, and any third‑party costs you enable.

• Invoices are due upon receipt unless otherwise stated. Late or failed payments may result in suspension and late fees. Chargebacks or disputes may incur administrative fees and immediate suspension.

• All fees are exclusive of taxes. You are responsible for VAT/GST/sales and similar taxes where applicable.

6. Refunds

• Only Shared Hosting and Cloud Hosting are eligible for a refund if requested within 7 days of purchase/activation. All other products and services are non-refundable, including but not limited to Reseller Hosting, Email Hosting, Cloud VPS, Storage VPS, VDS, Dedicated Servers, Domain Names, and Website security services.

• Setup, migration, license, third‑party, usage/overage charges, and taxes/processing fees are non-refundable.

• Refunds are to the original payment method per our Refund Policy. Accounts terminated for abuse or policy violations are ineligible.

7. Data, Backups, and Content

• You own your content. You grant us and our subprocessors a limited license to store, transmit, cache, and process your content solely to provide the Services.

• You are responsible for lawful content and for maintaining independent, verified backups. Unless stated in a specific plan, backups are not guaranteed. Restoration is not assured.

• Upon termination, we may delete data immediately or after a short retention window. We have no obligation to keep or provide copies after termination.

8. Resource Usage and Fair Use

• You must stay within plan limits and fair use guidelines for CPU, RAM, I/O, inodes, processes, email sending, and bandwidth. Excessive or disruptive usage may be rate-limited, throttled, or require an upgrade.

• Public network services must be secured. Open relays, open resolvers, unsecured databases, and similar misconfigurations may be blocked or suspended until resolved.

9. Domains

• Domain registrations, renewals, transfers, and redemptions are final and non-refundable. You are responsible for accurate WHOIS/RDAP details and timely renewals.

• Domain services are subject to applicable registry/registrar policies, ICANN rules, and dispute policies (e.g., UDRP/URS). Failure to respond to required verification may result in suspension or loss of the domain.

10. Email and Anti‑Spam

• You must comply with anti-spam laws (e.g., CAN-SPAM, GDPR ePrivacy, CASL) and our Email Sending Policy. Maintain valid consent, working unsubscribe, and proper list hygiene.

• Authenticate domains with SPF, DKIM, and DMARC. We may enforce sending limits and blocklists to protect deliverability and network reputation.

11. Security and Updates

• You must promptly apply security patches and updates to your applications and systems unless managed by us.

• You must not probe, scan, or test our systems except via an authorized vulnerability disclosure program.

• Notify us promptly of any suspected security incident affecting the Services or our network.

12. Support and Maintenance

• We provide support via the client area and published channels. Scope is limited to our infrastructure and platform unless you have a managed plan.

• We may perform scheduled maintenance with prior notice and emergency maintenance without prior notice. SLA exclusions may apply during maintenance windows.

13. Service Levels and Credits

• Uptime and response targets, measurement methods, exclusions, and credit procedures are defined in our SLA.

• Service credits (if any) are your sole and exclusive remedy for SLA failures and cannot be exchanged for cash or refunds.

14. Compliance and Legal Use

• You are solely responsible for complying with laws applicable to your content, users, and business, including privacy, export controls, and sanctions.

• You represent that you are not located in, under the control of, or a national/resident of any country or region subject to comprehensive sanctions, and that you are not on any restricted party list.

15. Subprocessors and Data Transfers

• We may use third-party providers (datacenters, CDNs, DNS, email, anti-fraud, payment processors) to deliver the Services. We remain responsible for their performance to the extent required by law and contract.

• Personal data may be transferred and processed in other countries. See our Privacy Policy and Data Processing Addendum (DPA) for details and, where applicable, Standard Contractual Clauses.

16. Intellectual Property

• We and our licensors retain all rights to our platform, software, website, trademarks, and materials. No IP rights are granted except as necessary to use the Services.

• You must not copy, modify, reverse engineer, or create derivative works of our software except where permitted by law.

17. Feedback

• If you provide feedback or suggestions, you grant us a royalty-free, worldwide, irrevocable license to use them without restriction.

18. Warranties and Disclaimers

• The Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

• We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that data will be preserved without loss.

19. Limitation of Liability

• To the maximum extent permitted by law, in no event will Martical be liable for: indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, business, goodwill, or data; or costs of substitute services.

• Our total aggregate liability for all claims arising out of or related to the Services in any 12-month period will not exceed the amounts you paid to Martical for the specific Service giving rise to the claim during that period.

20. Indemnification

• You will defend, indemnify, and hold harmless Martical, its affiliates, and personnel from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: your content; your use of the Services; your breach of these Terms or the AUP; or your violation of law or third-party rights.

21. Suspension and Remediation

• We may immediately suspend Services to address security threats, abuse, or legal requests. We may require you to implement remediation steps before reactivation.

• If your use endangers our infrastructure or other customers, we may throttle or isolate your resources.

22. Changes to Services and Terms

• We may modify or discontinue Services or features. Material adverse changes will be communicated with reasonable notice when feasible.

• We may update these Terms. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and cancel.

23. Communications and Notices

• We may send service, billing, and legal notices to your account email, client area, or in-product notifications. You are responsible for keeping contact details current.

• Legal notices to Martical must be sent to the contact address published on our website.

24. Governing Law and Dispute Resolution

• Governing law and venue: The laws and courts of our place of incorporation/operation govern these Terms, excluding conflict-of-law rules. If you share your corporate details, we can tailor this clause.

• For certain jurisdictions, we may offer or require arbitration and a class action waiver. See your local addendum if provided.

25. Severability and Assignment

• If any provision is unenforceable, the remainder remains in effect. We may assign these Terms or any rights/obligations to an affiliate or in connection with a merger, acquisition, or asset transfer. You may not assign without our prior written consent.

26. Entire Agreement and Order of Precedence

• These Terms, the Order/Invoice, AUP, Refund Policy, SLA, Privacy Policy, Cookie Policy, DPA (if applicable), and any service-specific terms form the entire agreement and supersede prior understandings.

• In case of conflict: Order/Service-specific terms override these Terms, which override policies, unless a policy expressly states otherwise.

27. Contact

• For questions about these Terms or your account, contact support via your client area or email the address listed on Martical.com.

Product-specific addendums (summaries)

• Shared/Cloud/Reseller/Email Hosting: Multi-tenant environment; noisy neighbor mitigation may apply; resource caps and mail limits; prohibited bulk/unsolicited email.

• Cloud VPS/Storage VPS/VDS/Dedicated: You administer the OS and software unless managed by us; you are responsible for security, updates, and compliance; bandwidth measured at the switch; abuse response may include IP null-routing or filtering.

• Website Security services: Availability of malware scanning/WAF/SSL issuance depends on correct DNS/HTTP configuration and CA/partner approval; no guarantee of threat elimination.

• Domains: Subject to registrar/registry rules; failure to renew or verify may result in loss; redemption and restoration incur additional fees and are not guaranteed.