1. SERVICE AGREEMENT
Hostinit.com shall provide its Services to You (the Customer) under the Terms and conditions of this Hostinit.com Customer Agreement. The Agreement is intended to keep the integrity of both Hostinit.com and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services. Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between Hostinit.com and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement’s provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity. Customer’s side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state’s law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement. You understand and agree that the Service is provided “AS-IS” and that Hostinit.com assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
2. Hostinit.com HOSTING SERVICES
- Bandwidth – Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due to over bandwidth usage.
- Domains Hosted – Hostinit.com hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
- Domain Registration – available online with or without hosting packages. Domain registrations are final and can not be refunded. More detailed information regarding domain names can be found in the Domain Name Dispute Resolution Policy.
- Disk Space – Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information.
- IP Address – Hostinit.com hosting accounts do not include IP address. For many customers IP address is important for starting SSL hosts and that’s why we allow purchasing IP addresses. Payment is accepted only in advance per year. Contact sales for more information.
- MySQL Database(s) – is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information.
- MySQL Database Storage – Unlimited amount is available but only to the amount of your hosting plan. Example: Hosting plan with 100MB space will be able to have a 100MB MySQL Database
- SSH – not included in hosting plans, but it is available. Contact sales for more information.
3. UNLIMITED PACKAGES / ADD-ON
Limits maybe added to hosting space and bandwidth if your hosting account exceeds the amount of hard drive space that we can supply. Our systems are able to handle large amounts of space for both hosting space & bandwidth but if your account starts to effect other users accounts on our servers then action maybe needed. We will contact you before any limits are added and to discuss ways to handle your account, further fees maybe required. An example limit maybe if your hosting space you require reaches above 100GB (100000MB) or your bandwidth goes past 1TB (1000GB / 1000000MB).
4. BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuingly run by Hostinit.com in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, Hostinit.com avoids placing complementary charges upon customers, providing the CronTab service that is integrated in the hosting Control Panel. Optional Hostinit.com Services. These services, including but not limited to: Site Studio, Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. Hostinit.com ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON “AS IS” AND “AS AVAILABLE” BASIS. Hostinit.com REJECTS ANY IMPLIED WARRANTIES. ANY OF Hostinit.com’S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY Hostinit.com, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
5. SERVICE GUARANTEES
Hostinit.com will guarantee 99.9% Hostinit.com network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
- Server Hardware Breakdown
- User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Hostinit.com is not responsible for the downtime)
- Failures due to software that is not explicitly supported by Hostinit.com Consequently, if a hardware crash provoked by the customer happens, Hostinit.com is beyond the control and responsibility for the resulting downtime.
6. BACKUP SERVICES
As an added no-charge service, Hostinit.com performs occasional backups of its servers that house its webhosting and reseller packages. No backups are performed for virtual private server (VPS) or dedicated server packages, unless the Customer specifically purchases an additional service for this purpose. Any and all backup services provided by Hostinit.com, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. The Customer agrees to maintain a backup of their data at all times on equipment not maintained by Hostinit.com, or its affiliates. Should the Customer fail to retain a backup of their data during an instance of data loss or corruption, and Hostinit.com does not hold a recent or valid copy, the Customer agrees to not hold Hostinit.com liable, as defined in the section “Limitation of Liability”.
If the Customer requires Hostinit.com to restore a backup of their data that is located on a backup server maintained by the Company, the Customer agrees to pay a “Restoration Fee” of $1.00 USD to complete the request. This fee is non-refundable, even if the Customer is not satisified with the completion of the request. The Customer also confirms a backup restoration will overwrite any and all current data on the Customer’s account. Hostinit.com cannot be held liable if a backup restoration does not complete successfully.
If you are using our standard shared hosting and your hosting account exceeds 145,000 inodes, the account will not be included in Hostinit.com’s automatic backup process.
7. SERVER USAGE & HOSTED CONTENT
- Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Hostinit.com Service representative regarding any inquiries over the matter.
- If any of Hostinit.com Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated. Sending SPAM emails is illegal and a fine of up to $5000 can be issued after our investigation, we will contact you by phone/post/email with all examples of this illegal actions. Unauthorized Access. Hostinit.com expressly bans the use of any Hostinit.com hardware or software hosted on a Hostinit.com server for trying to illegally access another hosted machine or network.
- Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. Hostinit.com reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.
8. MONEY BACK GUARANTEE
Hostinit.com offers a 30-day money back guarantee. If you are not satisfied with our hosting service, you can email email@example.com and receive a full refund for your hosting plan within 30 days after you purchased the account. However, all domain registrations, VPS’s, dedicated servers and addon services (Billing Systems, Dedicated IP Address) are final and no money back can be provided. You must email a request for your money back through the email address above within 10 days from your cancel date, if you fail to put in a request we will not be able to provide a refund.
If your account has been suspended due to illegal actions on your account the 30-day money back guarantee will not be valid. Please note all refunds will not pay back PaypPal charges, but all PayPal charges will be emailed to confirm amount refunded.
9. PAYMENT, CHARGEBACKS AND RETURNED CHECKS
Customers should abide by our Order Verification Policy.
- Hostinit.com contracts with VISA / MASTER CARD International, American Express Bank and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with Hostinit.com, customers agree to AUP (this document) and the specified Terms & Conditions in this document. Thus, Hostinit.com will utilize this document as an evidence for the customer’s agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
If, however, customer presents a valid motive for the refund required, having observed the afore-specified requirements, then Hostinit.com will process the money back procedures without hesitation. Any refund actions will immediately lead to web hosting account suspension and the customer’s credit card will be charged back with the respective sum under the same payment order / authorization number.
- Hostinit.com will charge customers with fees based on the fee structure at the time of the sign-up process. Hostinit.com reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer’s account.
- When signing up for an account with Hostinit.com, the customer agrees to pay for the period of one year (365 days). Hostinit.com grants customers with 48 hours over the official payment period. In case that the payment has not been received, the account will be suspended.
10. WARRANTIES AND REPRESENTATIONS
Hostinit.com provides hosting services on an “as is” and “as available” basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers’ hosting with Hostinit.com confronts with service interruption issues.
11. UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Hostinit.com Services, you will not use the Hostinit.com Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Hostinit.com Services, other accounts, computer systems or networks connected to any Hostinit.com Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Hostinit.com Services.
Hostinit.com reserves the right at all times to disclose any information as Hostinit.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Hostinit.com.
Hostinit.com is within the capacity to refuse service to unlawful parties. Hostinit.com servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, Hostinit.com expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
Hostinit.com management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company’s servers. Hostinit.com servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, or any other material which is considered impermissible by the company.
12. THIRD PARTY
Any dealings with third parties (including advertisers) included within the Hostinit.com Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Hostinit.com shall not be responsible or liable for any part of any such dealings or promotions.
You agree that Hostinit.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
14. SERVICE DENIAL
Hostinit.com reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers’ failure to pay. The customer then is considered a debtor to Hostinit.com and liable for reasonable interest and collection fees.
15. YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using the Hostinit.com Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited. In consideration of your use of the Service, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.
- Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hostinit.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hostinit.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- When signing up for un account with Hostinit.com, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify Hostinit.com in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through customer’s Control Panel, not via e-mail. This requirement is also in force for Hostinit.com – customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
- You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:Hostinit.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.
i . immediately notify Hostinit.com about any unauthorized use of your password or account or any other breach of security
ii . ensure that you exit from your account at the end of each session.
- Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
- Harm to Hostinit.com Servers – any attempts for doing harm to a server or customer of Hostinit.com Services are explicitly banned
i . Acceptable Use of Services / Acceptable Access to Services – Hostinit.com will immediately and resolutely react to any attempt of use of an Internet account or computer by a Hostinit.com customer unauthorized by the account or computer owner. Such attempts include “Internet scamming” (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to Hostinit.com Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
- CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer’s account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 3% in the course of 24 hours. Hostinit.com strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account’s owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer’s account gets. Hostinit.com reserves the right to block files or scripts that use CPU exceedingly and notify clients.
- Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
- MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a limit of 45000 queries per hour. If you have reached 45000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset.
- Hostinit.com does NOT allow sites that provide any content, points of distribution, or ‘links’ to sites that:
i . infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy
ii . violate any law, statute, ordinance or regulation
iii . are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene
iv . contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another
v . contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction
16. CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES
- When buying an allocated space on Hostinit.com servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
i . The accuracy and relevance of Customer Content and content and material showcased in its store or on its products
ii . Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
iii . Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
- Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
- Each Customer guarantees to Hostinit.com that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Hostinit.com that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
i . infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
ii . break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers Hostinit.com to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Hostinit.com is granted the right to assess the extent these operations need to be done.
17. TORTUROUS CONDUCT
Any case of indecent treatment towards a Hostinit.com employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with Hostinit.com employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.
Other acts of treatment towards Hostinit.com employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing Hostinit.com or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. Hostinit.com keeps the right to assess which behaviour will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
18. SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
- the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
- the sending of junk mail
- the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
- posting commercial ads to USENET newsgroups that do not permit it
- posting articles containing binary encoded data to non-binary newsgroups
- excessive and repeated posting of off-topic messages to newsgroups
- excessive and repeated cross-posting
- e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
- the e-mailing of age-inappropriate communications or content to anyone under the age of 18
- “Spamming” is considered as explicit misuse of ethical principles and will be interpreted as a violation of them
- The maximum number of allowed e-mail messages sent per day is 1500. There are no exceptions to this rule. Every customer who is sending more than 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.
19. IP BLACKLISTING
- Shared Hosting and Reseller Hosting Services: If one of our servers IP addresses are blacklisted due to any hosted account sending illegal SPAM we do not take responsibility for the loss of emails, business or earnings that are effected by a mail server blacklisting.
- Reseller Hosting Services: If an account is found to be causing the blacklisting from within a reseller account we will suspend the account and deal with the blacklisting of any IP’s. It will not be the responsibility of the reseller account holder to delist IP’s.
- VPS/Dedicated/Cloud Services: It is the account holders responsibility to handle all SPAM issues passed to them from us (Hostinit.com). On request we will look into the blacklisting and provide advise and general support.
Our team will montior and correct any issues causing such blacklistings as they are reported to us.
20. NEWS RELEASES
Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as “believes”, anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “is designed to,” “with the intent,” “potential”. However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.
21. FORCE MAJEURE CIRCUMSTANCES
Hostinit.com will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, 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), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services. This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
- This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. – The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. – This Agreement may be executed in counterparts, which will be considered as original.
22. DEDICATED SERVERS – ADMINISTRATOR SERVICES & CHARGES
Any requests for managed administrator services such as software install, config for custom features will be charged $10 USD for 30min.
23. REQUEST CANCEL OF DEDICATED SERVER
You can request to cancel your dedicated server at any time but a 30 day notice period is required and if a payment is due within the 30 days this will be charged/requested.
Copyrighted material must not be placed on Customers’ accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
Please report any violations of the Terms of Service to firstname.lastname@example.org
Customers / clients who have signed contracts with Metclouds Technologies Pvt Ltd (Hostinit.com) from the 1th of March 2014 will require to have a digitally signed contract. We have the right to suspend any service that is awaiting contracts to be signed by a customer / client after a 5 day notice has been given. If a contract is not signed within the 5 day notice we will suspend services and charge $50 USD (ex VAT) to reactivate the services. We have the right to change how the contracts are managed at any time and make the request of the owner to re-sign a copy of their contract(s).
Customer shall not have the right to assign this Agreement without the written permission of Hostinit.com This Agreement shall be in force and effect to the total benefit of Customer and Hostinit.com and their successors and permitted assigns.
Coupon offers do not relate to domain names unless advertised with, you agree the use of the coupon relates to one order including payment for 1, 3, 6 or 12 months.
28. DOMAIN NAME PRICES
Domain name prices may change from time to time and the renewal amount will be set as price of current domain name price. All domain name registrations are provided by our partner eNom.com
29. FREE WEB HOSTING PACKAGES
When ordering this package you understand that the domain name must be kept and renewed as long as you have the hosting package. If you request the domain name to be transferred away the hosting package must have a domain name ordered and assigned to that hosting package. If you wish to cancel the hosting account the domain name can still be assigned to another account or transferred away.
30. HOSTING PROMOS AND GIVE AWAYS
Promos can be changed and cancelled at any time without notice, all promo codes will show a valid terms such as; valid ‘date from – date to’, ‘Promo use amount’ and ‘If spend over X amount’. Hostinit.com Give aways (Example: Free iPod) is only available after the 30 Day Money Back is over and you have made your second payment, these offers can be change without notice or refused to any customer that may/has caused abuse to staff or equipment.
31. Hostinit.com – TRADING AS Metclouds Technologies Pvt Ltd
Metclouds Technologies Pvt Ltd is a Indian tax registered private limited company based in the Cochin, Kerala. Our tax year ends March 31.
You agree to these Terms and Conditions when placing any orders from Hostinit.com (Owned and operated by Metclouds Technologies Pvt Ltd you also understand these Terms and Conditions will be updated from time to time to keep updated with new laws & services. You are free to view these Terms and Conditions at any time from the link provided on every page on the Hostinit.com website.
If you have any questions about Hostinit.com’s Terms and Conditions please feel free to contact us at any time.