This Web Hosting Agreement is between Host Instance and the person/persons who use our service/services. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Services
Host Instance agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
Terms
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We hold the right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Payments
Renewal notices are emailed ten days before the actual renew date in your account. If you arer using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. If payment is not received before due date a $5 fee will be added charged. Host Instance reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current before due date or exceeding this time frame in any way is subject to suspension. Customer is responsible for all fees owed on the account from the time it was established to the time that customer notifies Host Instance to request for termination of services. Although we are based in the India our websites currency is USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly and is not refundable. If you cancel an account on the monthly billing cycle Host Instance can not refund any payments made before.
All monthly, quarterly, half yearly and yearly payments are non refundable for any services purchased at Host Instance. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Cancellation And Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Server Abuse
Host Instance has zero tolerance about any kind of spamming/abuse or any illegal activity.
Any attempt to undermine or cause harm to a server or customer of Host Instance is strictly prohibited.
Host Instance will strongly react to any use or attempted use of an Internet account or computer without the owner's/customer’s authorization. Such attempts include but not limited to "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, child pornography etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Host Instance, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Host Instance has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Host Instance to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
The service must not be used for anything which is not allowed by any law. Client can not transfer or store illegal data. It’s strictly prohibited. Here is the list of prohibited data but not limited to.
- Pornographic Data
- IRC Bots / Software
- BitTorrent software
- Proxy software
- Any Automated Bots
- Warez Sites and Indexing / Linking to other warez sites
- HYIP Sites
- Hate Sites
SPAM activity is strictly prohibited. We will send one warning to the client to remove the spam activity from the server and be sure that it does not happen again. If it continues to happen than the service will be terminated without any prior notification. Host Instance reserves rights to terminate any service due to spamming/abuse activity without customer’s authorization and will not be responsible for the loss of data. Abuse can include, but is not limited to the following offences.
Any attempts to compromise or actual compromise of a network device belonging to Host Instance or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be investigated and may result in immediate termination of service.
Denial of Service (DOS) attacks directed at Host Instance, or any attempts to launch a Denial of Service attack from or to our servers are strictly prohibited. All infractions and or suspected infractions will be investigated and may result in immediate termination of service.
Hosting of pirated software or any other software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploiting source code, hacking tutorials, hacking tools, phishing, viruses and Trojans, bomb making, anything to terrorism and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
The following are strictly prohibited uses and may result in immediate suspension and/or termination if discovered on your account:
- Minecraft and its variations. (Yes, we mean it. We will not make any exceptions.)
- Chobots, Starbound, Runescape
- Teamspeak and Mumble
- Denial of Service (DoS) attacks
- Port scanning
- TOR
- Torrents (Private torrents are allowed on High Storage Plans. The network should be limited to 50Mbit.)
- Illegal downloads/Piracy
- CamFrog
- Virtual currency (*coin) mining
- HentaiAtHome
- IP spoofing
- Fake/Replica product websites
- World Community Grid
- HYIP websites
- Booter/Stresser websites
- HitLeap or any artificial traffic creation
- iBusinessPromoter or similar software
- LIULIANGKUANG
- Chinese private game servers or websites
- Nested Virtualization
- Any kind of high CPU, IO and network usage
Disk Space Abuse
Host Instance will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact our staff through ticketing system and they will be happy to help out. You can also upgrade your hosting plan from inside your Host Instance client account.
Bandwidth Abuse
The intention of Host Instance is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 24 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Host Instance will be the sole arbiter as to what constitutes a violation of this provision.
Bandwidth is defined as the amount of traffic that is allowed to occur between your website & the rest of the internet. All bandwidth quotas are on a monthly basis. The amount of bandwidth allowed is commensurate to the subscribed hosting plan. Host Instance reserves the right to suspend services for an account which has exceeded the bandwidth quota allotted. Services would be restored on the start of the next cycle or upgradation of the hosting package, whichever is earlier. Carrying over of unused amount of bandwidth is not permitted.
Host Instance will not activate any service(s) until client has paid in full. Until and unless you notify Host Instance of your desire to cancel any or all services received, those services will be billed on a recurring basis. Clients have to make appropriate payment for the services received from hostinstance.com, before the payment due date during the duration of the services received.
Host Instance reserves the right to change the monthly payment amount and any other charges at any time.
All payments and service orders are screened for fraudulent transaction & credit card abuse. If a payment is found not to be compliant with our verification & screening procedures, such orders won't be setup. Payments will be rejected.
Account setups are done after payment and customer verification. Only accounts which have been paid for in full and verified would be setup.
$0.25/per GB will be charged for the extra bandwidth usage.
Resource Usage
MS-SQL Databases cannot exceed 375 MB in size at any time. This also includes the log file of the particular database. Each mail box on our Shared / Reseller Hosting plans will have to be limited to 450 MB in size.
We have set a limit of 100 outgoing emails per hour on our shared and reseller hosting accounts.Host Instance has Zero tolerance policy about this.
Usage 25% or more of system resources for longer than 90 seconds. These include, but are not limited to: CGI scripts, FTP, PHP, and HTTP.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes, but is not limited to, IRCD, Bot Processes.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Repeated infringements on account of excessive server-resource consumption may result in suspension OR termination of services.
Your VPS should not have a load average of 2 for more than two hours, or your VPS will be suspended.
Data Loss
Host Instance is not responsible for any data, damages and losses of the client. Client agrees that he/she is responsible for the data stored on Host Instance's servers and Host Instance is not responsible for it.
Host Instance will not be responsible of any data, business loss, and any other loss or problems. It includes but not limited to delay in delivery, no delivery, data loss, business loss, wrong delivery, hardware problem, or any other services interruption caused with Host Instance's employee or Host Instance.
Host Instance is not responsible for any problem caused by the client like forgot password of client's server, removed data by client knowingly or unknowingly or any other reason. Subject to India, Gujarat, Ahmedabad jurisdiction only.
AUP
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Host Instance hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Host Instance notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Host Instance reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Host Instance and Customer regarding the interpretation of the AUP, Host Instance commercially reasonable interpretation of the AUP shall govern.
Customer Information
Customer represents and warrants to Host Instance that the information he, she or it has provided and will provide to Host Instance for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Host Instance that he or she is at least 18 years of age. Host Instance may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Unsolicited Email & Spamming
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation. Host Instance takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through Host Instance ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
If you send unsolicited email messages, commonly known as SPAM, your account WILL be terminated, NO exceptions. Sending newsgroup postings, chain letters or anything else that could be considered as "spam", is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service "harvesting" is also prohibited and may result in termination of service. Spamming activities also include (but not limited to) commercial advertising and informational announcements. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
99.9% Uptime Guarantee
(1.) COVERAGE - This 99.9% uptime guarantee applies to any Customer in good financial standing with Host Instance at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Host Instance endeavours to have the content of YOUR website available for http access by any party in the world 99.9% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Host Instance to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Host Instance's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by sending mail to support@hostinstance.com.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Host Instance will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 20% of the monthly service charge for the affected month.
- 95% to 99.9% - YOUR account will be credited 5% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 10% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 20% of your monthly hosting fee
(3b.) Credit shall not be provided to YOU in the event that you have any outage resulting from:
scheduled maintenance as posted from time to time at Host Instance,
your behaviour or the performance or failure of your equipment, facilities or applications,
circumstances beyond Host Instance's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site
Client breaking any agreement policy in Host Instance's "Terms & Conditions and AUP" causing a machine to fail as a result.
Credit will only be provided to your account but not in cash, bank transfer or any other money transfer mode.
Technical Support Boundaries
Host Instance provides technical support for customer that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
We does not provide any kind of administrative assistance for unmanaged dedicated servers. We do not provide any kind of programming support. However, under no circumstances is Host Instance obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
CGI Scripts
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Indemnification
Customer agrees to indemnify and hold harmless Host Instance, Host Instance's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS “Host Instance” AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Host Instance's SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY.
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Host Instance's SERVER.</p
Disclaimer Of Warranties
Host Instance does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Host Instance disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation Of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Host Instance and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the one month service.
Suspension Of Services/Termination
Customer agrees that Host Instance may suspend services to Customer without notice and without liability if: (i) Host Instance reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Host Instance reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. (V) If the payment is not done before the due date. Customer shall pay Host Instance reasonable reinstatement fee if service is Host Instance following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Host Instance fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Host Instance prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Host Instance describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
If service is interrupted because of non-payment will be subject to $15 as late fees. The server will not be available till the full payment is done.
Any server will be terminated after 2 days of non payment. Host Instance will not be responsible for anything for any reason after that and loss of data.
Personal Information
Request For Customer Information
Customer agrees that Host Instance may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Host Instance believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Host Instance not with standing any agreement by Host Instance to provide back up services.
Host Instance do not backup the data of customers of any service and is not responsible for any backing up files & data residing in your hosting account/server. Customer is agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on hostinstance.com servers.
hostinstance.com reserves the right to change or revise its policies at any time without prior notice. It is client's responsibility to regularly check TOS of Host Instance.
SSL Certificate
All the guarantee, warranty or insurance are provided by SSL Provider only. Host Instance is authorized partner of SSL Provider so all the guarantee, warranty or insurance are provided by SSL Provider only. Host Instance is not responsible for any issue arise for SSL. However, we will do our best to help our client for any issue.
Free Services
There is no liability for any service provided for free. All the free services are served with 0% responsibility and Host Instance reserves rights to make any changes in anything related to the service or stop the service.
Subscription Payment
It is customer's responsibility to cancel the subscription configured for automatic payment on paypal or any other payment method and relieves Host Instance from this responsibility. We do not cancel the subscription payment from our side as client has to process subscription payment cancellation from his/her account.
Changes To Host Instance's Network
Upgrades and other changes in Host Instance's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Host Instance reserves the right to change its network in its commercially reasonable discretion, and Host Instance shall not be liable for any resulting harm to Customer.
Notices
Notices to Host Instance under the Agreement shall be given via electronic mail to the e-mail address info@hostinstance.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Force Majored
Host Instance shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Host Instance's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry, or failure happened because of 3rd party like our vendor.
Governing/Law Disputes
The Agreement shall be governed by the laws of the State of Gujarat, exclusive of its choice of law principles, and the laws of the India, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Copyright Files
All files stored on Host Instance's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account or server, the files will be subjected to deletion or the account of client will be subject to suspension/termination.
Cancellation Of Service
Host Instance reserves the right to cancel a service at any time. All fees paid in advance of cancellation is 100% non refundable. Any violation of policies which results in extra costs will be billed to YOU. Cancellation must be processed by following the procedure from your billing account. Cancellation is not accepted by any other media like mail, phone etc.
Cancellation Process>
- 1. Login to your account.
- 2. Go to services
- 3. Select he service
- 4. Select the cancel option and follow the procedure.
Promotional Rates & Special Offers
Host Instance may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first months payment. As a result of this our promotions are not refundable and are not covered by our money back guarantee.
Intellectual Property Rights
Material accessible to you through Host Instance's services may be subject to protection under the India or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, You must not use Host Instance or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Host Instance network. If YOU use a domain name in connection with Host Instance or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Host Instance network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Host Instance will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Electronic Commerce
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) The accuracy and appropriateness of content and materials appearing within the store or related to YOUR products.
(b.) Ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) Ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
Static & Dynamic Content Caching
YOU expressly
(i) grant to Host Instance a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Host Instance under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
Host Instance shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Host Instance. Host Instance reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
YOU agree to pay Host Instance prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Host Instance price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Host Instance reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Host Instance to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Host Instance) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Host Instance as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Host Instance will reinstate YOUR domain name registration solely at Host Instance's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Host Instance.
YOU agree to pay Host Instance prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Host Instance price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
Host Instance reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Host Instance to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Host Instance) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Host Instance as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Host Instance will reinstate YOUR domain name registration solely at Host Instance discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from Host Instance.
Host Instance reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change.
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
- YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Host Instance will not be held liable for the failure of a domain name transfer for any reason.
- Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Lawful Purpose
Host Instance reserves the right to refuse service to anyone. YOU may only use Host Instance server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the India, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Host Instance management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Host Instance may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Ahmedabad, Gujarat, and any dispute will be litigated or arbitrated in Ahmedabad, Gujarat. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Ahmedabad courts. IN NO EVENT SHALL Host Instance'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) US DOLLARS.
Privacy Statement
Host Instance follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
