Untitled Document
Fri Oct 20, 2017 - 04:09 PM
Untitled Document
Click here for Live Help - Powered by Help Center Live

Terms of Service

You must accept these terms of service in order to use our hosting service. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all users on our servers. Read these terms carefully and return here frequently.

1.) Suspension:
Violation of these terms of service will result in the immediate suspension or permanent removal of your account depending upon the circumstances. Suspension means that your account is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. Sri Balaji Web hosting reserves the right to suspend or remove your hosting account for any reason and without notice if deemed necessary to do so. Consideration for reactivation of a suspended account is not guaranteed and is based on the sole discretion of Sri Balaji Web hosting staff due to violations of these terms of services d will be intimate to cyber crime police for further actions.

2.) Scope of Service:
Admin and service support or other "how-to" services are not provided as part of the hosting package. It is the responsibility of the user to become educated in setting up and administering their account including script installs, file permissions, uploading procedures, e-mail setup etc. Support will be strictly limited to the initial setup and testing of your site and services.

3.) Limitation of Liability:
You expressly understand and agree that Sri Balaji Web hosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sri Balaji Web hosting has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

4.) Content:
All services provided by Sri Balaji Web hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. The subscriber agrees to indemnify and hold harmless Sri Balaji Web hosting Design from any claims resulting from the use of the service which damages the subscriber or any other party.

4.1) All services provided by Sri Balaji Web hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. The subscriber agrees to indemnify and hold harmless Sri Balaji Web hosting Design from any claims resulting from the use of the service which damages the subscriber or any other party..

4.2)You agree to not use the Service to: Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

5.) Examples of non-acceptable content or links:
Pirated software
Hackers programs or archives
Warez Sites
Adult Sites
Illegal MP3s
Sri Balaji Web hosting Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Any websites found in violation of this policy will be cancelled and any resulting monetary damages to us will multiplied by a factor of two (2) and charged to the account holder.

7.) Outgoing e-mail (send mail):
Neither warranty or support will be provided for outgoing e-mail services due to the ability of some ISP's to hinder or even prevent this service due to filters they may have in place. It is recommended that all Sri Balaji Web hosting customers use their ISP's mail settings for all outgoing mail services.

8.) SPAM and Unsolicited Commercial E-mail (UCE): - Email or Usenet:
Spamming, or the sending of unsolicited email, from a Sri Balaji Web hosting server or using an email address that is maintained on a Sri Balaji Web hosting machine is STRICTLY prohibited. Equally, any email or usenet spam which points to any domain hosted on a Sri Balaji Web hosting Web Server will result in immediate suspension of that domain name account and a full investigation. Any form mail script running on your account is done at your own risk. Ignorance of the risks of such scripts is no defense. Sri Balaji Web hosting will be the sole arbiter as to what constitutes a violation of this provision. Reports of spam are given top priority if you have arrived at this page in the course of a spam investigation and wish to report abuse send all details and headers to spam@webhost4u.com as soon as possible.

Sri Balaji Web hosting takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Sri Balaji Web hosting may not use or permit others to use our network to transact in UCE. Customers of Sri Balaji Web hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

9.) Server abuse:
Any attempts to undermine or cause harm to a Sri Balaji Web hosting server or customer of Sri Balaji Web hosting is strictly prohibited, if they have crashed servers for overload scripts causing excessive load due to script error and repeatedly crashing web applications server the site will be terminated/accounts and charges will be 50USD each site/accounts.

10.) Damages:
If you violate these terms of service and it results in damage to our servers or causes Sri Balaji Web hosting any additional expense or legal fees you agree to compensate us in full for the amount of monetary damages multiplied by a factor of two (2) as determined by us.

11.) Liability:
Sri Balaji Web hosting is in no way responsible for down resulting from a user's actions, natural fluctuations in internet consistency or downtime due to any 3rd party services, software or intervention. Sri Balaji Web hosting will however, do everything within it's power to assure that each and every client site and incoming me-mail service is up as consistently as possible.

12.) Indemnity:
You agree to indemnify and hold Sri Balaji Web hosting, and its officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

13.) Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, telephone and postal contacts are used, in that order of preference.

14.) Disclaimer:
Sri Balaji Web hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Sri Balaji Web hosting are resold. Thus, certain equipment, routing, software, and programming used by Sri Balaji Web hosting are not directly owned or written by Sri Balaji Web hosting. Moreover, Sri Balaji Web hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Sri Balaji Web hosting sees fit.

15.) Account Activation:
By activating your account with Sri Balaji Web hosting, you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

16.) General
Sri Balaji Web hosting provide hosting based on server support we are not doing and any assistance your coding, database, configurations and can't provide any assistance to solve your error coding etc.

17) suspension cancellations
we will cancel the domain, hosting, customer account and reseller hosting reseller customer account without any intimations and without any reasons and the paid amount will be return as per calculations used server space and park the domains and date of used etc., if the exceedbandwith and exceed quota limit also will be terminated without any prior intimations.

By activating your account with Sri Balaji Web hosting, you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTICE:
If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

FURTHERMORE,
Sri Balaji Web hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification.

NOTICE:
If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $100.00 Cancellation fee will apply also complaint to cyber crime police.

Contact Information:

It is the client's responsibility to keep updated Contact Information on their profile. webhost4u.in will contact client if need arises mainly using the client's primary email on file. It is not recommended to keep the primary contact email as a domain's email hosted in the same server.False information provided may result in termination of accounts and services.

Account creation policy:

All accounts and services are created/executed after receipt of payments and and verified by our payment agencies.

Account contents:

Services of webhost4u.in can only be used for lawful purposes.The client agrees to indemnify and hold harmless, webhost4u.in in case of cany claims resulting in use of our services.
Illegal contents including and not limited to use of pirated/ unauthorised copying of softwares, books, music, photographs etc; threats, hatred, phishing, spamming or unauthorised advertising of any trademark would result in immediate suspension/termination of accounts/services.

In addition, some other forbidden activities for Shared/Reseller hosting would include File hosting and sharing and banner exchange services (like rapidshare, or commercial ad rotation), Video and audio streaming (some relaxation for FFmpeg hosting plans), hosted public chat rooms (like Yahoo chat), escrow, high yield interest programs, investment websites (FOREX, Currency exchange), lottery sites, child porn (or any site with potential harm to minors), IRC Bots, search engine spiders and search engine databases (similar to that of google), hacking tool/programs (like ip scanner, spamming scripts, mail bombers etc).

Some contents mentioned above allowed in FFMpeg hosting are Video and Audio hosting

Some contents mentioned above allowed in Dedicated servers are file hosting, proxies, monitoring tools, audio and video streaming.

Security Actions:

If we detect any unacceptable content, we reserve the right to suspend accounts and services.
If any such contents are found in a domain of a reseller or a dedicated server client, the domain would be suspended and an email would be sent to the reseller/dedicated server owner. Failure to receive a response in the next 48 hours of the email beiing sent would result in suspension of the resellers account or dedicated server.

Support:

All hosting and reseller accounts and Fully Managed Dedicated servers will receive full support 24 X 7 via helpdesk.
Self Managed Dedicated servers will receive support for Network, server hardware and Control Panel problems (if control panel is leased from us).

webhost4u.in will provide support (as mentoned in the agreement) to its direct clients only. Incase of reseller accounts or dedicated servers, support would be provided to the reseller or the Dedicated server owner. webhost4u.in will not provide direct support to the customers of the clients. Support for script's malfunctioning is not included unless it is purchased from us. Assistance for scripts is a courtesy and not assured.

It is also the client's responsibility to ensure security of their scripts and keep complicated passwords for servers, control panel, databases, ftp accounts, emails.

Uptime guarantee and explanations:

webhost4u.in assures a uptime of 99.5% for reseller and shared hosting accounts. Uptime is calculated for http port only. Temporary downtime for other servces like emails, database, php/perl/ASP.Net does not come under the uptime guarantee. However, webhost4u.in will put forward best efforts to recover such services in case of failure.

Backups:

For Shared /Reseller/dedicated hosting accounts, we will not take backups for database, emails and design. Sri Balaji web Hosting is not responsible for any loss of database/images/email/design and all other formats uploaded into the server due to server crash/server upgradation/ any other reason. We do not restore individual domains, domain users and resellers are responsible to take backups of their domains from control panel. However we will assist in case of an unfortunate event that the Control Panel backup (taken by the domain user) is damaged due to server or control panel fault, although no assurance can be provided for successful restoration of data/email/design etc.

For Dedicated Servers, we do not take any backups (unless the client has purchased a backup service from us). Server owners are responsible for backing up data in their server.

Server failure policies:

For servers hosting shared and reseller accounts:
All our servers are situated with RAID arrays and the following measures would be taken in case of a server failure:

Server failure due to malfunctioning of a server part other than the Hard disk: Most parts are kept in stock and damaged part would be resplaced as soon as possible. Incase of non-availability of a components, the server would be replaced with the new one and the data transferred to the new server. Such measures may require a OS reinstall data transfer from the HDD image, and the process could take at the earliest.
Incase of HDD failure, the damaged HDD woud be replaced with the other one in the RAID array and services would be online as much as possible.

A partial refund of 15 days would be provided if the total downtime (for http service) is greater than 30 hours in a month. For dedicated servers there is a assured 100% Network uptime.

For dedicated server owners:
A server failure time would be counted from the moment a reboot request is sent by the client from the reboot helpdesk.
Damaged part replacement would be done in 2 hours.
In case of OS or software failure, the OS would be reloaded on request and a OS reload charge of USD 50 would be billed to the client's account. OS reloading may take between 3 - 12 hours. However no guarantee could be taken for the data. In case there are free harddisks in the server, OS can be loaded in the free harddisk and made primary, and data harddisk can be fitted assecondary harddisk so that data can be retrieved from it.
Only in case of Fully managed servers would we undertake data retrieval if such is requested. There would be no additional charge for data retrieval for Fully Managed Servers, but the OS installation charge would still be applicable. Also no assurance can be given for data integrity in such cases. Out attempts would be on Best Efforts basis.
In case of Self Managed servers, our responsibility would be upto OS reoad. Client are responsible for data retrieval from the secondary HDD.

There would be no charge for OS reload in case of HDD failure.

Payments and Service Cancellation:

The client agrees to make payment in a timely manner for the services. Non-payment of services would result in the following:
1) Shared and Reseller accounts: Accounts would be suspended if payment is not received within 7 days of the payment due date. In case of non-payment for 15 days from the due date hosting accounts would be terminated and all data deleted.
2) Dedicated Servers: In case of non-payment within 7 days of payment due date, services would be permanently terminated and hard-disks cleared.

Abusing the service in any form would result in suspension or termination of service.

Disclaimer:
webhost4u.in shall not be responsible for any damages for your business. webhost4u.in makes no warranties of any kind, expressed or implied for services we provide. webhost4u.in 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 webhost4u.in and its employees.

Disclosure to law enforcement:
webhost4u.in 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.

Changes to the TOS:
webhost4u.in reserves the right to revise its policies at any time without notice.

Untitled Document