Disallowed websites include fraudulent sites (phishing/scamming sites), copyrighted sites (including video, audio, image, or written content, etc.), Adult sites (Gambling sites, pornographic sites, sites that enable human trafficking, violence, websites inappropriate of minors, etc), IRC Hosts, Gaming sites.

Hosting downloadable and streamable content or podcasts is not allowed. Customers can provide links to download/stream their original content hosted anywhere else. The link provided should be of personally owned content and copyrighted. This may lead to the issuing of a copyright notice

What is considered downloadable and streamable content?

Streaming is when a customer hosts media on the server for users to watch directly or on-demand on your website.

Downloading allows users to save the media(videos, movies, audio, songs, etc.) directly from your website.

Content backups are available only for the previous 7 days and can only be restored for the T+1 or T-1 date. Server backups run for days at times; thus, the backups available of a particular site are of specific dates in the past 7 days and can be restored. And thus, if a customer demands a backup of a particular date (T), the company might only be able to provide the backup of the T+1 or T-1 date.

Email backups are not available with shared hosting.

100 emails per day per account- A customer can send out only 100 emails per day from a single account on shared server hosting plans.

Only upgradation of web hosting plans is possible.

VPS (Semi-Managed)

Unmanaged VPS Hosting with root access will be made instantly available to the customers once the order is completed.

For semi-managed VPS hosting, the servers will be made available with one-time free installation of the control panel within 4 hours of the completion of the order.

Any installation of extra licenses will be chargeable and include the cost of the license.

Support for any third-party or nulled script (including installation) is not available.

Paid offsite backup facility is available with VPS hosting. The backup will be commenced on the customer’s demand and after the release of payment.

Any content that will harm the company in any way is strictly prohibited. Hosting such content will lead to the dismissal of service with immediate effect. The disallowed contents are as mentioned- Warez content, adult content, gambling content, copyrighted content, etc.
Disallowed websites include: fraudulent sites (phishing/scamming sites), copyrighted sites, Adult sites (Gambling sites, pornographic sites, violence, websites inappropriate of minors, etc)

If a customer needs more than 8 IPs, then he/she will be required to send a formal email listing the reason and explanation of why he needs more than 8 IPs and where they will use it. A proper written justification has to be sent for verification. And only when the verification is approved, the extra IPs will be assigned.

Dedicated Servers

In dedicated servers only monthly billing is available. For annual or semi-annual billings, a proper contract will be signed on demand.

Unmanaged dedicated servers are delivered to the customer within 4 hours of the completion of the order.

Standard or managed dedicated servers are delivered to the customer within 72 hours of completion of the order.

Customers can choose to install only these Operating Systems on their dedicated servers- CentOS, Ubuntu, and Windows.

Customers will be provided with a single IP. If a customer wants an extra IP, he/she will be required to pay $3 per IP billed monthly.

Any individual/company can be assigned a maximum of 8 IPs

If a customer needs more than 8 IPs, then he/she will be required to send a formal email listing the reason and explanation of why he needs more than 8 IPs and where they will use it. A proper written justification has to be sent for verification. And only when the verification is approved, the extra IPs will be assigned.

Content

Please go through our Content Policy for complete details on prohibited content and activities.

1. ClubHosty reserves the right to refuse access to its servers and other services in accordance to its Terms of Policy.

2. Customers must use the services provided for lawful purpose only. We prohibit transmission, storage or presentation of data/information/material taht violates any applicable law or regulation.

3. Mentioned below are the examples of activities and content that is strictly prohibited from use on ClubHosty servers:

a. Topsites, ponzy, pyramid schemes, bitcoin/cryptocurrency mining, prime bank programmes, forex, e-gold, bank debentures or bank debenture trading programs, escrow, high yield investment programs, lottery, gambling, warez.

b. Proxy, bots, spam bots, port scanners, IP scanners, chat rooms, mail bombers, mail harvesting scripts, brute force scripts, banner rotators, anonymous/bulk SMS gateways.

c. Use of disk space for secondary storage and dumping files on the servers.

d. Selling of illegal pharma, drugs, explosives, pirated softwares, illegal downloads and products, galleries/banner exchanges, streaming/broadcasting live copyrighted content, using adult thumbnails.

e. Phishing materials, malware, ransomware, spyware, etc.

f. Promoting illegal content or linkage with any website/platform promoting illegal activities.

4. Hosting content that in any shape or form promotes or advocates human trafficking, prostitution or escort services as determined by ClubHosty is strictly prohibited.

5. Promoting/advocating/hosting child pornography or linking to child pornography or exploitation sites will lead to termination of service without notice or warning.

6. Adult Content: It includes embedding or uploading any and all pornographic/adult images, videos, audios or otherwise lewd/obscene content or linking to websites that promotes pornographic/adult images, videos, audios or otherwise lewd/obscene content at ClubHosty’s discretion.

7. Illegal material including copyrighted content, music files, commercial audio/video or any material that violates the laws and regulation or can be perceived as misleading.

8. Warez: includes and not limited to pirates softwares, emulators, ROMS, phreaking, hacking, password cracking, IP spoofing and encrypting any of the above. This also includes linking to or providing information about the same.

9. Hosting games of any kind is strictly prohibited on ClubHosty servers and will lead to termination of service with immediate effect.

10. Hosting any content that promotes, relates to or advocates indecent, rude, racist, hate comment or is generally unacceptable at ClubHosty’s discretion is prohibited

In compliance with DMCA act, ClubHosty has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected].

Abuse Of Resources

Any attempts to compromise or actual compromise of a network device belonging to ClubHosty or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners, and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Denial of Service (DOS) attacks directed at ClubHosty, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and/or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Hosting any software, source code, or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploits source code, hacking tutorials, hacking tools, viruses and Trojans, bomb-making, and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ringtones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.

The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress or violating trademarks, copyrights, or other intellectual property rights is strictly prohibited resulting in termination of service with immediate effect without any refund.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund.

Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites will be suspended and offered the option to upgrade the plan.

Although we offer 99.9% uptime we can not fully guarantee this. This is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the ClubHosty staff we have full right to remove them from our services without any refund.

Unsolicited commercial email/Unsolicited bulk e-mail (SPAM)

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties including suspension or termination of account without refund.

Upon notification of an alleged violation, we will initiate a full-scale investigation during which we may restrict customers' access to the network to prevent further violations.

If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.

Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $300.00 will be charged to your account.

The account will remain suspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination.

A second violation may result in an immediate termination of your account and the administrative fees will be $500. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero-tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit hosting of publicly accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason whatsoever.

Domain Payments

Domain Registrations: No refund is applicable once the domain is registered.

Domain infringement: You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services.

Any person trying to register such a domain name will be held liable for infringement of the Trademark. Example: Flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in, shopcluessale.in, etc.

Domain Renewal: We will send you reminders to renew your domain one month before the expiry. ClubHosty will not be held responsible for failure or delay in the renewal of a domain. Once a domain is renewed no refunds will be given.

Reseller Terms and Client Responsibility

Using a shared hosting account to resell web hosting to others is not allowed. Reseller hosting plans are to be considered if you want to become our reseller.

Resellers must assure that each of their clients follows ClubHosty’s Terms of Service Agreement.

Resellers are completely responsible for supporting their clients including customer service, billing, and technical support. We are not liable to provide support to Reseller Users. Any assistance needed for the client's issue must be reported by the reseller on the user's behalf.

Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their Users. We will hold the reseller responsible for any activity from their client's account that violates the law or this Agreement.

The Company shall not be kept liable for the acts or omissions of our resellers. The reseller hereby promises to indemnify the Company to and against any and all claims brought by any Customer resulting from the actions or omissions of the reseller.

The Company retains the right to review our Reseller plan anytime necessary. Changes shall take place as posted publicly or at any later date as the Company can designate.

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by ClubHosty or our network providers will not count towards the uptime guarantee.

ClubHosty will not be held liable in any way for the failure of third-party services.

ClubHosty will not be held liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, 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 the provision of the Services.

Account Security and Company Systems

You are responsible for any misuse of your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account and our services to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to create a strong password and keep it secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.

You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. ClubHosty will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the 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 username and password. You are required to 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 or update your password before suspending your account.

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 requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third-party network or system is authorized.

Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean up your account for an additional fee.

We reserve the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law, or for technical or other reasons without notice.

Cancellation Process

At any point in time, you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).

You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.

It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.

Taxes

The prices mentioned on the site are exclusive of taxes. To view the price with taxes please refer to the Cost Calculator of each plan. The amount inclusive of taxes will be added to your final invoice once you add items to your cart. The taxable amount is non-refundable.

Late Payment or Non-Payment

Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.

If your account gets terminated, the data residing on it won't be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.

We will not activate new orders or activate new packages for customers who have an outstanding balance on their accounts.

Invoice Disputes

For any queries related to cost on your account, do reach out to our billing team at [email protected]

Account Termination

Your hosting account at ClubHosty can get terminated due to the following reasons:

You decide to discontinue- You decide to discontinue At any point in time, during your subscription, if you no longer want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours

Cancellation upon expiration- If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date).

You did not renew- In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and terminated within 48 hours (after the expiration date).

Violation of Terms of service- If you violate our terms of service during your subscription period at ClubHosty, it will result in immediate account suspension and termination. As soon as we've been notified about the violation of service, we will take instant action.

Potential fraud- We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.

A Dispute or Chargeback- During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with ClubHosty before the termination occurs. If still, unsolved termination of your hosting account will take place

Note: It is advised to maintain a backup copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and ClubHosty shall not be liable for the same.

Limitation of Liability

To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold ClubHosty, its officers, directors, employees, licensors, agents, subcontractors, and/or third-party service providers liable for any direct or indirect damages of any nature and type suffered by the

Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from delays, malfunctions, suspension, and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example force majeure, third party conduct/acts, including ClubHosty's licensors and suppliers, faults and malfunctions of the machines, software, and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).

You agree that the foregoing limitations apply whether based on warranty, contract or tort, or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a consumer will not be affected.

404 Error Page

If you haven't configured a 404 page, our default page for the 404 error page will load when a visitor tries to access a URL that has no information. By not creating a 404 page, you hereby agree and authorize the Company’s placement of a default 404 error page. This 404 error page of the company may contain advertisements and other information about the company and its services. As a company, we reserve the right to withhold and collect all revenue generated from these advertisements.

Price Change

The prices of our services may be changed from time to time depending on our partner's/resources’ pricing. We have authorized partners of multiple license providers. If there's any change in their pricing structure, we will be forced to increase the prices of our services to cover our costs. You are required to review billing information from time to time to avoid any surprise pricing. You will be informed about the same 15 days prior to your next billing/pricing.

Third-Party Beneficiaries

Except as expressly given elsewhere in this Agreement, nothing in this Agreement is intended, nor shall anything in this Agreement be construed to grant any rights on any individual other than the Parties hereunder and their respective successors and approved assignments.

Notwithstanding the above, the customer recognizes and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set out in this Agreement because they apply exclusively to its goods or services and has the right to explicitly implement the terms and conditions.

Migration Policy

We do not take responsibility for the migration if the previous host has added limitations to creating a backup of files on their server.

We offer free website migration-only up to 5 GB and up to 3 websites only. If either of the two exceeds the limit, it will be chargeable.

If your website is configured on a custom script, then we will only migrate your data to the ClubHosty servers. We do not take responsibility for the configuration of data on such scripts.

As migration is a time taking process, there should be at least 3 days remaining with your previous host to ensure that the migration process can be carried out smoothly.

If more than one website is to be migrated, the main website (as per your request) will be migrated and made live within 4 hours. The remaining websites (up to 2) will be migrated within the next business day.

We do not provide email migration services and henceforth, do not take responsibility for the email migration as such.