India’s #1 Web Hosting Company Since 2018

Terms Of Service

This Web Hosting Agreement is between HostWeby and the person/persons who use our services.

Last Update 10/11/2019

Important Legal Agreements


Hostweby web services (after this referred to as "Hostweby") provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. Hostweby Provides Shared, Reseller, Master Reseller, Alpha Reseller Hosting Plans All clients of Hostweby are subject to the following terms of service & FUP policy.


Acceptable Use Policy


We reserve the right to refuse service to anyone. Any material in our judgment will be obscene, or threatening, prohibited, and will remove from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. If in doubt regarding the acceptability of your site or service, please contact us, and we will be happy to assist you. No refunds will provide.


You shall agree to use only licensed and legal third party softwares in connection with your use of our services. Hostweby reserves the rights for suspending or cancel customer's access to any services provided, at any time, or when Hostweby decides that the account has been inappropriately used or otherwise.


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 to link to child pornography will be terminated immediately without notice. We will also report this to the appropriate authorities. No refunds will provide.


You are not allowed to create hosting with free domains like .tk .ga .ml .cf and others. the free domains increase abuse cases. If you want to host a free domain, you need to get approval from our abuse/security team.


Hosting Courier sites are not allowed under our server. If hosted and notified by our Team, We will suspend it. For unsuspension clients, he/she should send us the Company Registration proof, Identity Proof Provided by the Government. After verification, we will unsuspend the account. Failure to provide proof within the timeframe will be held in service cancellation and no refunds.


U.S. export control regulations forbid trade and impose economic sanctions and embargoes against certain targeted geographic regions, countries, and governments, including Iran, Cuba, and Syria. So Hosting Accounts which Such TLD Are not allowed and it will be blocked.


Every cPanel will be allocated with 100% CPU, RAM: Upto 1GB, IO & IOPS: Upto 1 MB. In the Shared environment, the sites should maintain the resource under the limit, and MySQL query timing should not take long to process. If any accounts using more-than, the fair usage policy will be suspended, and we can give single IP Address access for optimization, and No refunds will provide.


The uptime of a server is defined as the reported uptime from the operating system of the server, which may differ from the uptime reported by individual services. Hostweby cannot 100% guarantee the uptime status of any server. Many factors including but not limited to updates to software, malicious or intentional activities, hardware failure, acts of God defined as conditions beyond our (Hostweby and/or the vendors that provide equipment or services to us) control that interrupts services at a facility.


Website/Servers down by firewall due to unauthorized access and failed login attempts/excess number of connection from your ip, Which will be not covered in the uptime guarantee.


Any service interruptions or downtime due to scheduled maintenance by Hostweby or our network providers will not count towards the uptime guarantee. Hostweby is not liable in any way for the failure of third party services.


Hostweby will not be liable for failure or delay in performing its obligations if such failure or delay due to circumstances beyond its reasonable control, including but not limited to 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 provision of the Services.


Mailing Policy and Limits: Sending Bulk mails are not allowed on our server, Per cPanel account can send 50 Mails Per Hour. If any accounts seem to be spamming, it will be suspended with or without any notice. Doing bulk Mails needs VPS/Dedicated Servers for your Purpose. There will be no refund offered in case of any spamming issue caused due to your services.


Billing & Refunds


At this time, we offer Monthly, Quarterly, Semi-Annually, Annually, Bi-Annually According to the Hosting Plans. We do provide our customers with a 7 days Moneyback Guarantee So you can use the service at risk-free our refund policy


Our customer portal's cronjob timing for automation is 2:00 AM IST. At this time invoice generation, Service Cancellation, Suspension, Termination, Late fee addition process will be done.


We accept Credit/Debit Cards International | Indian Cards, Net Banking,IMPS, UPI, RTGS, NEFT. There is no Minimum Contract Periods for any plans.


Late Payments


All service renewal bills generated according to the dates they were first activated. As per the System settings, The service will be suspended on the 5th day from the due date and terminated on the 8th day from the due date. A late fee of 5$(Based Your Defult Curreny Exchange Rate) Will added to your invoice in case if you didn't make the payment before the suspension.The late fee should be paid by you to get your service re-activated.


Resellers


if any type of Bulk cPanel Account Creation (Eligible only for Unlimited cPanel Reseller) issue we detect then we are Downgrade your Account to Limited cPanel Accounts (We have Legal Rights on this). 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,No refunds will provide.


Direct customers


Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency, No refunds will provide.

It is your responsibility to ensure that scripts/programs installed under your account are secure, and permissions of directories set correctly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.


Shared Hosting Policies


Shared Hosting Packages You are not allowed to use the hosting for Backup Storage, File Hosting/File Sharing/Image Hosting, You are not permitted to Store any Personal Zip files or backup of your files as a Zip in the server. The hosting should contain only the files used by the Website scripts.


In Shared/Reseller/Master/Alpha Environment You are not allowed to Keep Mails more than 20 GB of space per cPanel.If you need space for email You can upgrade your account to Email Hosting Plans GSuite or VPS.


Reseller Client Responsibility


Reseller clients of Hostweby are responsible for supporting their clients. Hostweby does offer only limited support for Resellers Clients. If a Resellers client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. The reseller must make all support requests on their client's behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients.Hostweby will hold any reseller responsible for any of their client's actions that violate the law or Hostweby Terms of Service / FUP Policies /. If any Reseller account involved in doing Resource abuse or Unacceptable content abuses, Hostweby has the rights to block the total reseller since the accounts should maintain under the fair usage policy. Resellers are responsible for their clients how the accounts are being hosted.


Providing Free hosting is not allowed for any Resellers/Masters/Alpha Resellers.If provided, the account will be suspended, and No refunds will provide. We will be terminating all the accounts under the WHM.


Zero Tolerance Spam Policy


We take a zero-tolerance stance against sending of unsolicited email, 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 (Spamvertised) 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.Hostweby reserves the right to require changes or disable as necessary any web site, account, database, or other components that do not comply with its established policies or to make any such modifications in an emergency at its sole discretion.


Fair Usage Policy (FUP)


User may not: a) Use 20% or more of system resources for longer than 90 seconds. Numerous activities could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server, includes all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) 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 cronjob 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") j) Any accounts created without updating the name-server or without DNS records Pointing to our servers will be removed with or without notice.


Unlimited disk space and bandwidth mean there is no set limits on our packages. Hostweby wants you to have the resources you need to build your site without any limits. However, we do need to make sure we continue to provide a full active service to all our customers. As such, we do require all customers to be fully compliant with our Fair Usage Policy and Terms and Conditions. Customers on unlimited hosting packages include but not limited to shared hosting packages. As a customer of Hostweby, you agree to be subject to the following fair usage policy: The account will be primarily used for the purposes of web hosting. Unacceptable use includes, but are not limited to, large file storage and making downloads of large files such as but not limited to, media files, zipped folders, and program files. File downloads are permitted, but only in the context of a functioning website. The hosting account may not cause problems with the performance of other hosting accounts hosted on the same server by making excessive demands on the resources of the server. This includes, but is not limited to, the CPU usage required to perform data processing on the account to take backups and other administrative tasks as well as the CPU usage actually needed to serve the site on the hosting account. As a customer, you agree that Hostweby will be determining whether an infringement of this 'fair use' policy has occurred. Wherever possible, Hostweby will propose alternative hosting arrangements should a violation of this policy occur. These may include but are not limited to, moving to a hosting plan with quoted disk space and bandwidth limits. If we identify an account that is not in compliance with our Fair Usage Policy or that has the potential to impact the performance of our server negatively, we will be required to suspend the account temporarily. If this happens, we will work with the customer to resolve the issue as quickly as possible. Hostweby reserves the right to revise its policies at any time without notice. Before placing an order, please read our terms/privacy policy/refund policy.) We don't offer SSH/Shell access to any user's in Shared Environment on Any case. If you are looking for SSH Access, you can consider taking VPS/Dedicated.


Shared Environment Policies


Shared Hosting, Reseller Hosting, Master Reseller & Alpha Reseller Hosting Plans Customers should run their/their client's Websites As per the Policies Defined. All your sites will be hosted in Shared Environment, so every cPanel you are hosted will have only limited resources Allocated. We have the right to suspend/terminate the cPanel/Account in question with/without notice, which is involved in Resource Abuses like CPU, RAM, MYSQL, IO, IOPS, EP.


Backups and Data Loss


Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Hostweby performs weekly backups of shared and reseller servers; however, these backups are for Hostweby's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Hostweby does not provide any sort of compensation for lost or incomplete data if backups do not function properly (even if the malfunction was due to negligence on Hostweby's 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 Hostweby servers.


BACKUP RESTORE


The backup restore service not included in your Hosting Fees. Hence, there will be some Restoration fee for any restoration requested in any event if you want us to restore your website from our weekly backup repository. The admin fees & Bandwidth charges 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 Hostweby.


Cancellation & Refunds


Hostweby reserves the right to cancel, suspend, terminate any account with or without notice if found FUP/TOS Violations. Misbehavior with our Support Staff Over any Medium like Whatsapp, Live-chat, Support tickets, or any other communication like talking abusive words/bad words will Result in Service Suspension/Termination/Cancellation.No Refund will be Offered. Customer needs to Pay Penalty to get their Data's Backup if required.


Coupons/Discounts


Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Our sales department will review any account found in violation of these policies, and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.


License Policies


Any Software License purchased from Hostweby Should be used only on our Servers. Using of License in another server that does not belongs to Hostweby Will lead to License suspension/termination, and No Refunds will be offered.


All the WHMCS License offered by us should be used only on our servers. As per the WHMCS Agreement, we are not allowed to sell/give license to other servers. In case of violation, a license will be canceled, and no refunds will be given Free WHMCS License must be used only on our servers in case of a breach the free license will be subjected to cancellation and no refunds for the orders.


Jurisdiction


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


Disclaimer


Hostweby shall not be responsible for any damages your business may suffer. Hostweby makes no warranties of any kind, expressed or implied for services we provide. Hostweby disclaims any warranty or merchantability or fitness for a particular purpose, includes the loss of data resulting from delays, no deliveries, wrong delivery, and all service interruptions caused by Hostweby and its employees. Hostweby has the right to change the Terms of Service/Refund Policy/Pricing of Plans anytime with or without notice.All customers would be bound by the newest terms published on the website.

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