Terms of Service

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Introduction

These Terms of Use (“Terms”) constitute a legally binding agreement between You (“User”, “Customer”, “You”) and Syncara Host (“Company”, “We”, “Us”, “Our”) governing your access to and use of all services, products, websites, and platforms provided by Syncara Host. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

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Definitions & Governing Law

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Definitions

• “Service” refers to all web hosting, domain registration, cloud infrastructure, email hosting, and related services provided by Syncara Host.
• “Content” includes but is not limited to text, images, code, software, databases, and any material hosted on or transmitted via our servers.
• “Illegal Content/Software” means any content or software that infringes intellectual property rights, violates applicable laws, or is distributed without proper licensing, including but not limited to nulled scripts, cracked software, pirated media, and unauthorized distribution of copyrighted material.
• “AUP” refers to the Acceptable Use Policy, an integral part of these Terms.

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Governing Law & Jurisdiction

Primary Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia, specifically including but not limited to Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law), Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions, and all relevant implementing regulations. GDPR Compliance: For users residing in or processing data related to the European Economic Area (EEA), our processing of Personal Data shall also comply with the General Data Protection Regulation (EU) 2016/679 (“GDPR”). Any conflict between Indonesian law and GDPR regarding data protection shall be resolved by applying the provision that offers the higher standard of protection for the user’s data privacy rights. Competent Court: Any disputes arising from or related to these Terms shall be submitted to the exclusive jurisdiction of the District Court of Central Jakarta (Pengadilan Negeri Jakarta Pusat) as the court of first instance.

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Acceptable Use Policy (AUP) & Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms, Indonesian law, and the law of your residence. The following activities are explicitly prohibited and constitute material breaches of this agreement:

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Illegal Content and Software

• Hosting, distributing, or linking to pirated software, warez, crack sites, or nulled scripts (e.g., nulled WordPress themes/plugins, cracked applications).
• Hosting or distributing content that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party (“Intellectual Property Rights”).
• Hosting or engaging in activities related to malware, viruses, phishing, spamming, denial-of-service attacks, or any activity intended to disrupt, damage, or gain unauthorized access to any system, server, or network.
• Hosting content that is unlawful, defamatory, threatening, obscene, harassing, or promotes violence or discrimination.
• Hosting any content or engaging in any activity that violates Indonesian law, including but not limited to laws on online gambling, pornography, blasphemy, and online fraud.

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Zero-Tolerance Policy on Pirated/Illegal Software

We actively reserve the right, but not the obligation, to monitor and scan our systems for signatures and patterns commonly associated with Illegal Software. You are solely responsible for ensuring all software and content on your account is properly licensed.

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Enforcement & Termination Rights

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Right to Inspect and Investigate

We have the unilateral right to inspect, investigate, and audit your use of the Service to ensure compliance with these Terms, Indonesian law, and GDPR. This may include automated scans, manual review of public-facing content, or investigation in response to a legitimate complaint (DMCA, GDPR, or legal authority request).

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Immediate Suspension and Termination

Grounds for Immediate Termination: Upon detection or reasonable suspicion of any violation of Section 2 (Prohibited Activities), including but not limited to the presence of Illegal Software or Illegal Content, we reserve the right to take immediate action, at our sole discretion, without prior notice. Such actions include:

• Immediate and permanent suspension of your Service.
• Immediate and permanent termination of your Account.
• Immediate removal and/or deletion of all Content associated with your Account.
• Blocking of access to the Service and our systems.

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No Refund Policy for Violations

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User Responsibilities & Indemnification

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Your Absolute Responsibility

You are solely and absolutely responsible for:

• All Content stored on, transmitted from, or linked to your Account.
• Obtaining and maintaining valid licenses for all software, themes, plugins, and scripts installed on your hosting account.
• Complying with all applicable laws, including Indonesian law, GDPR (if applicable), and the laws of your jurisdiction.
• Maintaining the security of your Account credentials and preventing unauthorized access.
• Regular backups of your Content. We are not a backup service and are not liable for data loss.

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Hold Harmless and Indemnification

You agree to defend, indemnify, and hold harmless Syncara Host, its directors, employees, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Service.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including any Intellectual Property Rights, privacy right (under GDPR or otherwise), or publicity right.
• Any claim that your Content caused damage to a third party.
• Any legal action, regulatory fine, or compliance cost incurred by us due to your violation of law, including but not limited to actions by the Indonesian Ministry of Communication and Informatics (Kominfo) or European Data Protection Authorities.

This indemnification obligation will survive the termination of these Terms and your use of the Service.

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Data Protection & Privacy (GDPR & Indonesian Law)

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Data Processing Agreement

Our Privacy Policy is incorporated by reference. Where we process Personal Data on your behalf as a “data processor” (as defined by GDPR) and you are the “data controller”, you warrant that you have a lawful basis for processing (e.g., consent) and that your instructions to us will not cause us to violate GDPR, Indonesian Law (including Government Regulation No. 71 of 2019 on Electronic Systems and Transactions), or any other applicable law.

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Data Breach Notification

In the event of a confirmed personal data breach affecting your data, we will notify you without undue delay, in accordance with our obligations under GDPR and Indonesian EIT Law, to allow you to meet your own legal notification obligations.

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Data Localization

You acknowledge that our primary servers are located in Indonesia. For users subject to GDPR, you explicitly consent to the transfer and processing of Personal Data in Indonesia. We will implement appropriate safeguards as required by GDPR for such transfers.

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Service Level Agreement (SLA) & Disclaimers

While we strive for 99.9% uptime, the Service is provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We are not liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service. Our total aggregate liability arising from or related to these Terms shall in no event exceed the total fees paid by you to us for the Service in the three (3) months preceding the event giving rise to the claim.

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Reporting Violations & Legal Requests

To report a violation of these Terms (e.g., copyright infringement, illegal content) or for official legal requests, subpoenas, or inquiries from law enforcement, please contact support@syncara.host. We will respond to legally valid requests in accordance with Indonesian procedural law and applicable international norms.

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General Provisions

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Amendments

We may modify these Terms at any time. Continued use of the Service after changes constitute acceptance. For material changes, we will provide notice via email or a dashboard announcement at least 30 days in advance.

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Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

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Entire Agreement

These Terms, together with our Privacy Policy, AUP, and SLA, constitute the entire agreement between you and Syncara Host regarding the Service, superseding any prior agreements.

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Suspension & Server Deletion Policy

This section outlines our automated billing enforcement procedures. By using our services, you acknowledge and agree to these policies regarding service suspension and termination due to unpaid invoices.

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Invoice Due Date

All invoices are due on the date specified in the invoice. It is your responsibility to ensure timely payment to maintain uninterrupted service access.

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Service Suspension

If an invoice remains unpaid for 2 (two) days past the due date, your server/service will be automatically suspended. During suspension:

• Your server will become inaccessible
• All running processes will be stopped
• Your data will remain intact on our servers
• You can restore access by paying the outstanding invoice

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Service Termination & Data Deletion

If an invoice remains unpaid for 5 (five) days past the due date:

• Your server/service will be permanently deleted
• The associated invoice will be automatically cancelled
• ALL DATA including files, databases, configurations, and backups will be permanently and irreversibly deleted from our systems

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Data Recovery Policy

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Payment Reminder System

To help you avoid service disruption, we provide automated invoice reminders:

• Invoice reminder sent 3 days before due date
• Additional reminders when invoice becomes overdue

However, it remains your responsibility to monitor your account and ensure timely payment.

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Reinstatement After Deletion

Once a server has been deleted, the only way to resume services is to:

1. Create a new order for the desired service
2. Pay in full for the new service
3. Set up your server from scratch with your own backup data (if available)

The deleted server cannot be reinstated, and no previous data can be recovered.

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Acknowledgment

By using our services, you explicitly acknowledge and accept that:

• You have read and understood this Suspension & Server Deletion Policy
• You are solely responsible for maintaining backups of your data
• Syncara Host bears no liability for data loss due to non-payment
• These automated procedures apply equally to all customers without exception

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Contact Information

For questions regarding these Terms of Use, please contact us at: Syncara Host

• Email: support@syncara.host
• Website: syncara.host
• Operating Hours: 09:00 - 17:00 WIB (Western Indonesian Time), Monday to Friday (excluding Indonesian national holidays).

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By registering for or using any Service provided by Syncara Host, you signify your irrevocable acceptance of these binding Terms of Use.