Terms Of Services

1) Account Setup / Email on file

We will setup your account after we have received payment and have screened the order’s, in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain’s you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Hostbit Domains, it is your responsibility to ensure that the contact information for your domain account and your actual domain name’s is correct and up-to-date. Hostbit Domains is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

The free transfer services are available for 30 days from your sign-up date. Transfers outside of the 30-day free period will incur a charge, please contact a member of the sales department with specific details to receive a price quote.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host.

2) Content

All services provided by Hostbit Domains may only be used for lawful purposes. The laws of the State of Kerala and Government of India apply.

The customer agrees to indemnify and hold harmless Hostbit Domains from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email sales@hostbitdomains.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared and Reseller servers include:

• * Top sites
• * Nulled, IRC Scripts/Bots
• * Proxy Scripts/Anonymizers
• * Pirated Software/Warez
• * Image Hosting Scripts (similar to Photobucket or Tinypic)
• * Auto Surf/PTC/PTS/PPC sites
• * IP Scanners
• * Brute force Programs/Scripts/Applications
• * Mail Bombers/Spam Scripts
• * Banner-Ad services (commercial banner ad rotation)
• * File Dump/Mirror Scripts (similar to rapidshare)
• * Commercial Audio Streaming (more than one or two streams)
• * Escrow/Bank Debentures
• * High-Yield Interest Programs (HYIP) or Related Sites
• * Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• * Sale of any controlled substance without prior proof of appropriate permit(s)
• * Prime Banks Programs
• * Lottery Sites
• * MUDs/RPGs/PBBGs
• * Hateful/Racist/Harassment oriented sites
• * Hacker focused sites/archives/programs
• * Sites promoting illegal activities
• * Forums and/or websites that distribute or link to warez/pirated/illegal content
• * Bank Debentures/Bank Debenture Trading Programs
• * Fraudulent Sites (Including, but not limited to sites listed at aa419.org &escrow-fraud.com)
• * Mailer Pro

Examples of unacceptable material on all Dedicated servers include:

• * IRCD (irc servers)
• * Nulled, IRC Scripts/Bots
• * Pirated Software/Warez
• * IP Scanners
• * Brute force Programs/Scripts/Applications
• * Mail Bombers/spam Scripts
• * Escrow
• * High-Yield Interest Programs (HYIP) or Related Sites
• * Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• * Sale of any controlled substance without prior proof of appropriate permit(s)
• * Prime Banks Programs
• * Lottery Sites
• * Hateful/Racist/Harassment oriented sites
• * Hacker focused sites/archives/programs
• * Sites promoting illegal activities
• * Forums and/or websites that distribute or link to warez/pirated/illegal content
• * Bank Debentures/Bank Debenture Trading Programs
• * Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• * Mailer Pro

Hostbit Domains services, including all related equipment, networks and network devices are provided only for authorized customer use. Hostbit Domains systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Hostbit Domains systems constitutes consent to monitoring for these purposes.

Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Hostbit Domains may, at its discretion, request and require documentation to prove access to a third-party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 24 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@hostbitdomains.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3) Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spam vertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or UseNet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Hostbit Domains reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Hostbit Domains reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Hostbit Domains.

4) Payment Information

You agree to supply appropriate payment for the services received from Hostbit Domains, in advance of the time period during which such services are provided. You agree that until and unless you notify Hostbit Domains of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 10-day grace period, invoices will not be automatically generated. However, after the customer notifies Hostbit Domains of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Hostbit Domains, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Hostbit Domains of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Hostbit Domains. Hostbit Domains reserves the right to bill your credit card or billing information on file with us. Hostbit Domains provides a 10-day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a Rs.500 late fee and/or an account suspension until account balance has been paid in full. The Rs.500 late fee is applied in addition to whatever else is owed to Hostbit Domains for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales@hostbitdomains.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Hostbit Domains cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact sales@hostbitdomains.com

Hostbit Domains reserves the right to change the monthly payment amount and any other charges at any time.

5) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Hostbit Domains performs weekly backups of shared and reseller servers; however, these backups are for Hostbit Domains administrative purposes only and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Hostbit Domains does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Hostbit Domains part). We will do our best to ensure complete and accurate backups but assume no responsibility for this duty. Always backup your site contents to your personal computer! We make no guarantees about the availability of backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hostbit Domains servers.

Backup Restore

The backup restore service are not included in your Hosting Fees and hence there will be an admin fees of Rs.3500/- or $50 per instance in any event if you want us to restore your website from our weekly backup repository. The admin fees are payable immediately and are non-refundable. We cannot guarantee the integrity of the backup on our weekly backup repository. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Hostbit Domains.

6) Cancellations and Refunds

Hostbit Domains reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse on our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via a cancellation form. Hostbit Domains gives you an unconditional 14 day money back guarantee on shared hosting, and reseller hosting for any customer who paid the first invoice with a credit card, Razorpayt or with PayPal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• * Bank Wire /NEFT/RTGS Transfers
• * Western Union Payments
• * Cheques / Demand Drafts / Pay orders
• * Money orders
• * Cash Payments

There are no refunds on VPS, dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 14 days will not be entertained.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a) Resource Usage

User may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / Ad Spy) on shared servers.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

h) Run corn entries with intervals of less than 15 minutes.

i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

Shared Hosting as Backup / Storage System

Hostbit Domains shared hosting / reseller hosting plans are not allowed be used as a backup/storage system. One cPanel/Plesk backup for that same account is allowed to be stored for no more than three calendar days. Please note that shared hosting / reseller hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, videos, photo archives and similar is strictly prohibited. Violators of this policy may lead their accounts terminated without notice and refund.

Reselling

Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased.

Adult Content

Pornography in any form is strictly prohibited in our servers.

Chat Applications

All interactive chat web applications are strictly prohibited on shared / reseller hosting plans. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides ‘real-time’ chat is not permitted. Shout boxes, chat boxes, live chat/live help (such as but not limited to LiveZilla) and other web based chat programs are prohibited.

Web Applications & Web Accessible Scripts

All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster you should evaluate your web-based applications and scripts on a regular basis to ensure they’re secure and up to date. Blogs, CMS, Forums and any applications using a commenting system should have some form of spam protection or moderation. CAPTCHA is a popular way to eliminate spam robots from spamming your website.

7b) INODES

The use of more than 50,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 30,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

7c) Backup Limit

Any shared account using more than 2 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9 a) Money back Guarantee

Each of Hostbit Domains managed shared and reseller hosting plans carry a 14-day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 14 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to VPS, dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Hostbit Domains will not activate new orders or activate new packages for customers who have an outstanding balance with Hostbit Domains. For a new order to be setup or a new package to be activated, you must have a balance of Rs.0.00, unless otherwise stated by Hostbit Domains in writing.

9 b) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Hostbit Domains dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@hostbitdomains.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10 a) Shared Hosting: Client Responsibility

We shall not be responsible for any security or other content hosted threat by providing your authentication to any of the staff members or third party management services. All content stored at the servers should be legal and must not contain any copyright violation with any other services or company.

10 b) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Hostbit Domains does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Hostbit Domains will hold any reseller responsible for any of their client’s actions that violate the law or the terms of service.

11) Shared (non-reseller accounts) / Semi dedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12) Dedicated Servers

Hostbit Domains reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacentre. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Hostbit Domains reserves the right to audit servers as needed and to perform administrative actions at the request of our datacentre. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@hostbitdomains.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13) Price Change

We collect various information when you register with Company, during your usage of our products and services, when you visit pages of our partners. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services. When you sign in to our services, you are not anonymous to us. We automatically receive and record information from your computer and browser, including your IP address, our cookie information, software and hardware attributes, the page you request and other standard browser parameters.

14) Coupons

We reserve the right to change prices listed on Hostbit Domains.com, and the right to increase / decrease the amount of resources given to plans at any time with or without notice.

15 a) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Hostbit Domains harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Hostbit Domains, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hostbit Domains against liabilities arising out of

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostbit Domains

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party

(3) copyright infringement and (4) any defective products sold to customers from Hostbit Domains server

15 b) Jurisdiction

The laws of the Republic of India shall govern this agreement.In any event of dispute the area of Jurisdiction would be Ernakulam, Kerala only.

16) Disclaimer

Hostbit Domains shall not be responsible for any damages your business may suffer. Hostbit Domains makes no warranties of any kind, expressed or implied for services we provide. Hostbit Domains disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Hostbit Domains and its employees.

17) Disclosure to law enforcement

Hostbit Domains may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18) Changes to the Terms Of Service

Hostbit Domains reserves the right to revise its policies at any time without notice.