Where the content states: "We" includes HostHe or any party acting on HostHe's implicity instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. HostHe.com reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: HostHe.com, in consideration of the mutual covenants here in, the parties agree to the following, which shall apply during the terms of this agreement:
Shared Hosting There is a limit of 25% CPU usage that is applied on a per cPanel basis. Resource intensive websites can lead to server issues and, consequently, can result in account restrictions. We allows a maximum of 25% CPU usage limit on our shared and reseller servers. If a hosting account exceeds this limit for longer than 90 seconds, resource restrictions will be placed on the account. “Reseller hosting have the same limits as Shared servers, however, the limit is per cPanel, not for the entire reseller package.” However, if you have multiple cPanel accounts contributing to a server problem, we may suspend any of them.An inode stores basic information about a regular file, directory or other file system object. The number of inode’s indicates the number of files and folders you have. The inode’s limitation is applicable to all our servers.There is a soft limit of 100,000 files per cPanel; however, accounts that exceed over 100,000 files will be in direct violation of our Term’s of Service and will be susceptible to being suspended. The Allocated hosting is not allowed to store any backup files, Video or audio files in your cPanel or in server. This is to avoid the unnecessary use of inode’s, as the files increase in your panel that will increase the inode’s and accounts that exceed over 100,000 files will be in direct violation of our Term’s of Service and will be susceptible to being suspended and no refund will be initiate in this case.
Shared hosting can’t be used as reseller hosting, if anyone is used as a reseller hosting and consumes the inode’s then that will result in suspension and appropriate action (suspension or termination) will be taken.
In shared Hosting only 1000 visitors allow per day. For more than 1000 visitors you need cloud hosting, VPS or dedicated Server.
In shared Hosting you can’t do bulk emailing or store unlimited email. As it is shared hosting we allow only max to max 5 GB space per email Id in below mentioned plan available. Space more than 5 GB not allowed in our server for email. Although you can create unlimited email accounts there is no limit for that.
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in respect of any loss or damage of data stored on the Server.
You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that : You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party; nor will you authorize or permit any other person to do so. You will not post, link to or transmit:
You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host “Wares, Underage Adult, Pornographic, or Copyrighted MP3 content.” You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers. Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members. Members utilizing free hosting shall display a banner as supplied by HostHe. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.It is contrary to we policy for Members to use our servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list. To send mass e-mailings; whether unsolicited, opt-in, or otherwise. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through we provided server. or using we provided server as a mail drop for responses. To falsify user information provided to we or to other users of the service in connection with use of we service.
Consequences of Violation: When HostHe becomes aware of an alleged violation of its Acceptable Use Policy, HostHe will initiate an investigation. During the investigation HostHe may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, HostHe may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, HostHe will notify the appropriate law enforcement department of such violation. You shall be held liable for any and all costs incurred by HostHe as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. HostHe current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. Server maintenance fees of $85 per hour. HostHe does not issue service credits for any outages incurred through service disablement resulting from Policy violations. Any access to other networks connected to HostHe must comply with the rules appropriate for those other networks.While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services. Please note no refund can be issues in cause of unused product or customer has utilized the freebees like domain migration, domain reseller, custom setup or billing script. Fair Usage of Support: Users who put excessive support tickets for install or rebuild on VPS would be Liable for admin hours beyond the fair usage guidelines.
If the account / Hosting Account is being inactive more than 3 months then it will be terminated permanently without any information to avoid any load on or junk on our servers.
Hosting which expires and does not renew within 15 days from its expiry date will be terminated completely. Deleted data can’t be restorable in this case and either through mail or call client will be informed. We will not be responsible if client does not able to check mail or receive call regarding renewals.
Backup restoration will be chargeable. Restoration charges will be 1500/- INR . If you paid for the restoration and backup will not available in that case, paid amount will be fully refunded. If the backup will available no refund initiate. After request for back up you need to wait for 24-72 hours. We undertake periodic backups of data on our shared hosting servers, but the final responsibility for all backups of the data on your hosting packages rests with you. We strongly recommend that you take periodic backups and store them at your end so that you have multiple options in case of necessity for a restore. “We are not responsible for confirm backup taken by us. You would sole liable for your data no liability taken by us for providing data” You may request us for a backup of the last 7 days (from the date of request) and in most cases we will be able to provision this from our disaster recovery backups. However, this is not a part of our core hosting services and is merely a last resort. We will try our best to help you out but backups provisioning and restoration is an extremely time and resource intensive process and hence we can only promise a best effort service in this regard. From the list of backups available and their date of generation you must select the date of the backup very carefully as we will only be able to undertake this task once a week. Also, there may be a possibility of missing files due to the time elapsed between date of backup and request for restoration, in such a case we will not be able to re generate the backup.
If any account found in any kind of illegal activity, hacking, copyright issues, both sites, adult contents such accounts will be suspended and terminated within 24 hours and no refund will initiate in such cases. We will not responsible in such cases for any kind of data loss / backup.
I would request you to look into the following points regarding our backup policy:-
We do not promise the customers for providing the backups. We take the backups on rotational basis and we keep the incremental backups for the last 7 days as an additional service. Also this is for our purpose and it is not compulsory. So we always recommend the customers to take the backups of their site contents, databases and emails at their end. Usually we don't restore the contents. Restoration of back will be done from Client side in case of failure you can request to us for restoration that may be chargeable.
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable not withstanding refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us.
We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.