HostingInIndia (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)
entered into effective from July 29, 2008 this ” General PRODUCT AGREEMENT ”
WHEREAS Parent provides Web hosting related products and Domain Registration Services;
WHEREAS the Customer wishes to place an Order for Web hosting related products, and Domain registration services through the Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. Cancelation of Services in General:
HostingInIndia reserves the right to cancel your service for any reason without prior notice. Where appropriate, any fees paid for yet to be used services may be returned to you on a pro-rated basis. Such discretion is to be consistent with the terms of this Agreement and to the extent that no such term is set forth in this Agreement, discretion rests solely with HostingInIndia as to whether to issue a refund. In some instances, fees are related to licenses or bundles that are not capable of being refunded notwithstanding any remaining term on a contract or subscription. Examples of non-refundable fees include, but are not limited to, domain name registration/transfer, domain protection, additional site builder licenses, SSL certificates, dedicated server orders and fees, downgrade/upgrade fees, fees for any products purchased through HostingInIndia, and IP. In the event that HostingInIndia has cancelled your account and you re-registers with HostingInIndia following said cancellation without the express written consent of HostingInIndia, HostingInIndia reserves the right to cancel your account and retain any and all fees paid to date as a part of that re-registration, regardless of whether any service has been rendered, as a forfeiture related to your unapproved re-registration.
2. Non-Refundable Fees:
Domain name registration/transfer, domain protection, site builder, setup fees, activation and reactivation fees, license fees, upgrade/downgrade/migration fees, additionally set up services and premium support services are not refundable. Any request to redeem special or free optional services need to be redeemed at the same time of the package start date or the upgrade date of the applicable new package or the right to such special or free services will be waived. Example of such services include, but are not limited to, free domain registration, SSL, static IP, domain ID protection.
3. Refunds Generally:
Within the first 30 days as a HostingInIndia customer, HostingInIndia will cancel your account and refund all money paid for your hosting service upon receipt of a formal request for cancellation through our Billing Department (email@example.com). During the first 180 days as a HostingInIndia customer, HostingInIndia will cancel your account and offer a pro-rated refund for all unused hosting fees based on HostingInIndia’s standard, non-discounted monthly package pricing upon receipt of an express request for cancellation by the HostingInIndia Billing Department (firstname.lastname@example.org). If you have multiple registrations with HostingInIndia, your starting date as a HostingInIndia customer is defined as the earliest date that you become a client with HostingInIndia. The following services are expressly excluded from the aforementioned refunds:
Domain registration, transfer, and ID protection;
All service fees in section 12 as defined herein;
Additional static IPs;
Additional site builder licenses;
Licensed products purchased through HostingInIndia.
Closure of your account does not automatically or necessarily entitle you to a refund of any fees due or paid.
4. Non-Transferability of Accounts:
HostingInIndia accounts cannot be transferred or used by anyone other than the subscriber. You may not sell, lease, rent or assign accounts to any party that has not expressly accepted and agreed to be bound by the terms and conditions of this Agreement. Shared hosting accounts cannot be used for resale purposes. Violations of any of the provisions of this Section are grounds for the suspension and/or violation of a user account. Any and all sites hosted by HostingInIndia must be registered with the same entity unless expressly and previously authorized in writing by HostingInIndia. Account/hosting service/domain name transfer must be approved by the HostingInIndia Billing Department (email@example.com)
5. Indemnification of HostingInIndia:
You agree to, and shall, without limitation or exception, indemnify, defend, and hold harmless HostingInIndia.com and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees from and against any claim, demand, action, damages, liability, loss, costs, or expenses, including reasonable attorneys’ fees, due in whole or in part to any breach or violation of this Agreement, including, but not limited to:
any of the events described in this Agreement;
any breach of this Agreement by you;
any information or data loss that you submit, post, transmit, or receive as a part of any service offered by HostingInIndia;
your use of any service offered by HostingInIndia
your violation of any third party rights; or
any act or omission by you or your agents.
6. Permited Use:
Services provided to you by HostingInIndia may only be used for lawful purposes. The transmission or publication of any information, data, or material in violation of any federal or state regulation or law is strictly prohibited and grounds for immediate cancellation of your account. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material, obscene material, material that is deemed to be suited for “adults only,” pornography, child pornography, as well as links to or instructions for accessing the foregoing. HostingInIndia reserves the right to remove any and all materials which infringe on copyright work or in response to a Digital Millennium Copyright Act take down notice or that otherwise violate permitted use of the services offered by HostingInIndia. Examples of non-acceptable content or links include, but are not limited to, hacker applications/archives, “Warez” sites, proxy applications, IRC, rapidleech (and similar), torrents, torrents listings, and spam applications.
7. Warrant to HostingInIndia.
You warrant that:
You shall ensure that the use of HostingInIndia services shall not disrupt HostingInIndia, its associated networks or equipment forming part of the systems, or the permitted activities of other users of any HostingInIndia service. You will maintain the security of all files and content installed under your hosting account and that you will maintain any software installed to up to date version in order to avoid security breaches. You will not utilize an excessive amount of system resources and in those instances in which HostingInIndia deems an excessive amount of system resources to be utilized by you, HostingInIndia reserves the right to place a limit on any process or service in your account to prevent disruption of service to other customers. You will not use of HostingInIndia services in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined solely by HostingInIndia. You will not send unsolicited mass mailings from another service that in any way implicates the use of HostingInIndia services, HostingInIndia.com’s equipment, or any site hosted on any HostingInIndia network. You will not utilize any HostingInIndia service, equipment, or e-mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more news groups in a single day. Any material submitted for publication using any HostingInIndia service does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. You are over the age of eighteen (18) years or are a parent or guardian of a user that is under the age of eighteen years of age and are authorized and able to enter into this Agreement. You will cooperate in the investigation of any material that could be infringing on a third party’s copyright. You will comply with other organizations’ networks or computing resources and comply with their respective permission and usage policies.
8. Domain Renewal:
For all new domains, you agree to pay an annual, non-refundable registration fee. These fees will appear on your billing statement unless prior arrangements are made with our customer service department. It is your sole responsibility to cancel the renewal once the domain has been invoiced and must occur within seven days prior to your renewal date. Any renewal that is processed will not be refunded. The Client agrees to contact HostingInIndia in the event of an expired domain name he owns with further information regarding the continuation/cancellation of the aforementioned service.
9. Directory Listings.
You agree that HostingInIndia may identify you in any relevant subscriber directory.
10. Hosting Limits.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data nor for the sole purpose of mass e-mail/solicitation. Hosting space may not be used as off site storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. MS SQL remote management/connections: the provided remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications – violating this rule will result in account suspension.
You must formally notify HostingInIndia of any cancellation through our Billing Department (firstname.lastname@example.org). Absent a valid cancellation, HostingInIndia will automatically renew your account for the next billing cycle one month before the account expiration date. Orders received for previously canceled accounts will not be processed and accounts will not be activated. Credit card or PayPal chargeback will result in automatic cancelation and deletion of the customer’s account from our servers. Transferring your domain to another provider does not constitute canceling your HostingInIndia account.
HostingInIndia may communicate with you through e-mail for issues related to billing, changes, additions and modifications to the network. It is your responsibility to provide a valid and operational electronic mail address and to check that address for e-mail sent to you. It is your further responsibility to inform HostingInIndia of any changes to your account, such as phone number, address, credit card information. You may be required to provide verification for security purposes authorizing you to make any changes to an account. The use of profanity in language, or abuse towards any HostingInIndia employee via chat, e-mail, phone, e-ticket system, or in any other form will result in a complete block from the HostingInIndia support system and subject your account to cancellation without a refund.
13. Backup and Data Loss:
HostingInIndia is not responsible for files or data loss. It is the client full responsibility for file and data transfer and maintaining backup file of your own account. Backup are used solely by HostingInIndia for emergency or server restoration only. There will be no backups for accounts that have been suspended or terminated. HostingInIndia will not be responsible for any data loss related to accounts that have past due invoice or suspended due to non-payment. HostingInIndia will not be responsible for any data loss.
14. Uptime Guarantee:
If your shared hosting account downtime is not within the 99.9% uptime, you may request for credit on your account based on our Service Level Agreement. Uptime of the server is defined as the reported hardware and network availability, not uptime from individual service which is independent of the actual uptime of the server. Third party monitoring services reports may not be used for justification due to unreliable monitor’s network capacity/transit availability. To requests credit, please open a support ticket to report your claim with justification based on our term and condition. Credit approval is at the discretion of HostingInIndia.
By using any HostingInIndia services, you agree to submit to binding arbitrator from the Indian cosumer courts. All decisions rendered by Indian cosumer courts will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
16. Disclaimer of Warranties:
HostingInIndia makes no warranties of any kind, whether expressed, statutory, or implied for any of the services provided under this Agreement and expressly disclaims the same. The aforementioned includes but is not limited to warranties of merchantability, fitness for use, fitness for a particular purpose, and non-infringement. Your use of any HostingInIndia service is at your sole risk. Any and all HostingInIndia services are provided on an “as is” basis and “as available” basis. Unless otherwise set forth herein, HostingInIndia expressly disclaims all promises, representations, and warranties relating to any and all HostingInIndia services and add-on software or 3rd party software, including but not limited to their condition, their conformity to any representations or description, and the existence of any patent or latent defects. HostingInIndia further makes no warranty that any service offered by HostingInIndia will:
meet your requirements or expectations;
be uninterrupted, timely, secure, or error-free;
be accurate or reliable with respect to any results obtained from the use of any service offered by HostingInIndia;
that any errors or defects in any service offered by HostingInIndia will be capable of correction.
Under no circumstance at any time should any advice or information, whether written or oral, proffered by HostingInIndia or its agents create any expectation or warranty that contravenes the disclaimers set forth above.
17. Limitation of Liability.
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
18. No Agency.
The relationship between you and HostingInIndia is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. No Assignment.
Your right to use any service provided by HostingInIndia is not transferable and is subject to any limits established by HostingInIndia. You may not assign or transfer this Agreement in whole or in part to any third party without HostingInIndia’s express, written consent, which shall be given, if at all, in HostingInIndia’s sole discretion. HostingInIndia may assign this Agreement at will.
20. Binding Obligation and Authority.
You represent and warrant that you have read and understood this Agreement and that it constitutes a valid and legally binding agreement; and that you have full power, authority and legal capacity to enter into this Agreement and perform your obligations hereunder. If you are registering on behalf of a company or other entity, you agree that you have the authority to bind such company. This Agreement shall be inure to the benefit of, be binding upon, and be enforceable by the parties it describes and their respective officers, directors, employees, representatives, successors, and permitted assigns.
You agree that notices to you may be made via e-mail or regular mail. You also agree that notice of changes to this Agreement or other matters may be made by displaying notices or links to notices to you. Notices to HostingInIndia may be made by such contact information as may be designated by HostingInIndia for such purpose. HostingInIndia may modify the terms and conditions of this Agreement, modify the prices of any Services governed by this Agreement, as well as discontinue or change the scope of any such Services with or without prior notification.
22. Force Majeure.
HostingInIndia shall not be responsible for delays or failures in performing its obligations under this Agreement due to events of force majeure or any other cause beyond its reasonable control.
HostingInIndia is the exclusive owner of all offered services except when any such service is offered under license. Under no circumstance are you to be considered an owner of any HostingInIndia services or property. All communications to and from HostingInIndia personnel via e-ticket, e-mail, and live chat are confidential and property of HostingInIndia, and can not be disclosed or distributed to any third-party without the express written consent of HostingInIndia.
24. Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the subject matter hereof. This Agreement may be amended by HostingInIndia upon HostingInIndia’s posting of a new version at http://www.HostingInIndia.com/tc.php
If any provision of this Agreement is found to be invalid or unenforceable in any jurisdiction in which it is performed, then the meaning of that section shall be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of this Agreement and the rest of the Agreement will remain in full force and effect. No such severing shall affect the interpretation of the applicable provision or any other part hereof in any other jurisdiction or with respect to any other facts or circumstances.
Section headings provided herein are for convenience only and form no part of this Agreement and will not affect the interpretation of this Agreement.
The failure of HostingInIndia to enforce or require enforcement of any provision of this Agreement will not constitute or be construed to be a waiver of its right to enforce or requirement enforcement of that or any other provision now or in the future.
Any cause of action arising out of or related to this Agreement must commence within one (1) year after the cause of action arose or any such cause of action is otherwise permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, ownership, and limitations on liability shall survive any termination of this Agreement, except as expressly set forth therein to the contrary.