TOS

Terms & Conditions

Terms & Conditions

To serve our customers better and offer the most reliable and FASTEST possible environment, HOSTMALABAR has developed this acceptable use policy to define the types of behavior that will not be permitted in HOSTMALABAR's network. Please report any known violations toadmin@HOSTMALABAR.com.

HOSTMALABAR's general policy is to act as a provider of Internet presence. HOSTMALABAR reserves the right to suspend or cancel any customer's access to any or all services provided by HOSTMALABAR when we decide that the account has been inappropriately used. HOSTMALABAR decides what is inappropriate and reserves the right to immediate action to suspend or cancel any account or access when admin is affecting other clients, and without warning when needed. An outline of Specific Acceptable Use Policies are to follow:

1. Content.

All services provided by HOSTMALABAR may be used for lawful purposes only. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography or material protected by trade secret and other statute.

The customer agrees to indemnify and hold HOSTMALABAR inculpable from any claims resulting from the use of the service that damages the subscriber or any other party. Examples of unacceptable content or links:

HOSTMALABAR will not permit to host videos, films, movies, mp3 files, songs, any privacy protected contents in any of our shared servers.

2. Unauthorized use of other people's accounts or computers.

Any unauthorized use of accounts or computers by a HOSTMALABAR customer, whether or not the attacked account or computer belongs to HOSTMALABAR, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. HOSTMALABAR will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery and so on.

3. Chat Rooms.

We do not allow clients to install their own chat rooms without first having the installation approved by the HOSTMALABAR Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option.

4. CGI-based message boards.

We do not allow usage of CGI-based message board scripts (like UBB, UB2K, 360forum, etc. ), since such scripts on busy sites bring high loads to CPU and memory and at a high load can cause the server to crash. Please consider using php based bulleting boards like Vbulletin, phpBB, XMB, Burning board, etc. instead. These php based and MySQL-based boards cause much lighter load to the server.

5. Background Running Programs.

We may allow programs to run continually in the background. These are considered on an ad-hoc basis and an extra charge will be incurred based on the system resources used and the operational maintenance needed.

6. IRC.

We currently do not allow IRC or IRC bots to be operated on our servers unless you have prior permission from a HOSTMALABAR Administrator.

7. Resource Usage.

No system in the world has unlimited resources, and we expect you to act responsibly when consuming resources on our system. If you consume unnecessary and excessive resources on our system we may suspend your access at any time without prior notice to correct the situation. Users may not initiate the following on our servers:

8. Price change.

HOSTMALABAR reserves the right to change the price of any services at any time on 30 days' notice to the current customers. Contract pricing customers will not be affected by any price change throughout the contract period.

9. Customer/Technical Support.

We encourage you to contact our technical support team through email at support@HOSTMALABAR.com. Also we provide support through Live Chat, Yahoo, Skype,and Google Talk.

10. Back-up.

As the servers are connected to the Internet constantly, the content in the servers are exposed to hacker attacks, viruses and other adverse effects. For these and many other reasons, customers may lose the whole content of their servers/account. We back-up our servers on a daily basis. HOSTMALABAR will not be liable for lost data even if backups were created. We will restore your account on your request, however, and we encourage you to generate backups on your own. The backup system is fully automated and there is no way to guarantee that particular file or piece of data will be backed up at the specific time. We do not account for incomplete backups and render no compensation for non-current data contained in the backups. We will be charged Rs. 575/- for per Backups per Restoration

11. Bandwidth/Traffic Usage.

All plans have a set allotment of Bandwidth available for use. Any bandwidth usage that is over the limit of the monthly allotment will be charged according to the terms that are set forth in the order form. Unused bandwidth may not roll over to the following month.

12. Email Spamming/Bomb.

Spamming and mail bombing is strictly prohibited. Any customer who uses his e-mail for spamming will have his account terminated immediately. All fees and pre-paid services will not be refunded. HOSTMALABAR will act as the sole arbiter as to what constitutes a violation of this condition.

13. Domain Name Services & Registration / Free Registration.

As part of the hosting plans, a domain registration service can be obtained. Please review our domain registration agreement and uniform domain name dispute resolution policy set forth by ICANN. It is the customer's responsibility to check these agreements on a regular basis.

HOSTMALABAR will on occasion register a domain name for a customer as part of the service rendered. This domain name is the property of HOSTMALABAR until the first year of paid service is completed. At this point, the customer may opt to transfer the domain name into his name. HOSTMALABAR will assess a charge per domain name registered after the first domain with our paid service. Further, HOSTMALABAR Ltd will assess a charge for accounts terminated before the first year is completed. This is to cover the expense of registering the domain name for the customer.

14. Server abuse.

Any account that excessively uses the server resources may be temporarily stopped to provide optimal server resources for other users. If any account is found to be affecting server performance for a prolonged period of time, it may be disabled/Suspend/Terminate the account without any notice. We recommend moving such sites to a dedicated hosting solution.

15. Network Security.

Violation of Network System such as, but not limited to unauthorized access, or trying to breach network security is prohibited. Any time a security breach is detected, the involved Server will be immediately shut down. Our technicians will immediately investigate the situation.

16. Billing information updates.

Customers are responsible to update their information. E.g: billing info, address change, credit card change, etc.

17. Recurring Billing.

Recurring Billing. We will only send out invoices and monthly statements by request. A small fee might apply for monthly invoices. We will send out an e-mail when we have successfully billed your credit card. All credit cards are billed automatically every month. If for any reason your credit card charges are denied, we will notify our customers of the denied charges. It is the customer's duty to ensure that his credit card information is up-to-date. Paypal.com is an authorized Credit card processor for HOSTMALABAR and charges for services provided on your credit card will appear as Paypal.com. Any accounts that are past due after 30 days will be deactivated.

18. Fees.

The customer agrees to pay according to what the customer has ordered in the order form submission.

We will charge all the invoices with a late payment fee after due date(25% of Total Invoice Amount)

19. Payments.

All fees are due in advance. We will not activate any account that is not yet paid in advance. Customer support fees are billed on an hourly rate and should be prepaid.

Backup Restoration is chargeable @ Rs. 500 + tax, ie, Rs. 575 per account

Reseller's Client Account Migration/Transfer will be chargeable @ Rs. 100 + tax, ie, Rs. 115/- Per Migration/Transfer

20. Cancellation & Refund Policy

If for any reason you are not satisfied with HOSTMALABAR's service, you may cancel your account at anytime by writing to billing@hostmalabar.in. There is no reimbursement and no pro-rate if the customer decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. HOSTMALABAR can terminate this agreement at the end of a billing period, with a 30 days notice. HOSTMALABAR will not refund the setup fee for the cancellation of any accounts. Cancellation of contract payments is subject to one-month fee of contract agreement.

Refund Policy

By making the payment(s) for our services we assume that the client has availed our free trial and read the disclosure and has made the payment only after being satisfied with the quality of services and support from us.

There will be ABSOLUTELY NO REFUNDS and CANCELLATIONS.

Before deciding to subscribe to our services, please make sure to take our free trial if available, the evaluation version that we provide. We do not offer refunds on subscriptions that have already been taken.

We also believe in our services and support and even give a free trial that, without any exception we have NO REFUND POLICY.

For this reason, we strongly recommend that before payment, our visitors:

1. Go through our website and read about the Disclaimer, Terms of Use, Client consent/agreement and Privacy Policy.

2. the details about our services and support and also the risks involved in the products.

3. Read all About Us and our Team.

4. 4 Day free trial for Virtual Private Servers are available to evaluate the quality of our services and support.

5. No Refund for Dedicated Servers & VPS

6. All the Refunds will sent through cheque/DD Only with a valid identity proof.Refunds will take a maximum of 90 Days

We give our best efforts and are confident about the quality of services that we give. We try to give the same level of services during the trial period as well as after that, Thus by making the payment, the client agrees and acknowledges that you have read the above NO REFUND policy and agree to all the terms and conditions of Hostmalabar Hosting Solutions

21. Waiving the Service.

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Resellers as well as their CLIENTS are all bound by this Acceptable Usage Policy. Resellers should not make policy or any kind of agreement for their clients that would contradict to our policy.

22. Reseller relationship to HOSTMALABAR.

All resellers are independent contractors that have no tie with HOSTMALABAR. No relationship other than to allow the reseller to sell HOSTMALABAR service is intended.

23. Indemnification.

The customer agrees that the customer shall not hold HOSTMALABAR liable to the customer for any claims, liabilities, losses, costs, damages, expenses, including attorney fees and court costs that arise from any judgments directly or are indirectly created by the services of HOSTMALABAR.

24. Corporate Identity.

Customer agrees not to:

HOSTMALABAR do not grant any license to use the graphic images and/or text, which may include HOSTMALABAR's names, logos, trademarks, service marks (collectively, "Marks"). Except as expressly set forth in this Agreement or permitted by applicable law, one will not copy, distribute, modify, reverse engineer, or create derivative works from, the Marks. One may not sublicense, assign or transfer any such licenses, and any attempt at such sublicense, assignment, or transfer is void. One must follow HOSTMALABAR's trademarks, corporate identity guidelines, as those guidelines may change from time to time. Any use of HOSTMALABAR's Marks and/or Proprietary Terms on one's Site(s) must be approved by HOSTMALABAR prior to publishing.

25. Limited Liability.

HOSTMALABAR shall not be liable under any circumstances for any damages the customer's businesses may suffer for any reason, even if HOSTMALABAR has been advised of the possibility of such damages. If a problem occurs that is within HOSTMALABAR's control, we will issue credits based on the length of the downtime according to the customer's service plan. As the Internet is unpredictable, customers are aware that Network availability is not guaranteed to be 100%. HOSTMALABAR shall not be liable for any claims resulting from the corruption or deletion, of any website or data in HOSTMALABAR's servers.

26. Excused Performances.

HOSTMALABAR shall not be responsible for any delay resulting directly or indirectly from natural disasters such as fire, shortages of facilities, acts of civil or military authority, catastrophes, or any other circumstances beyond HOSTMALABAR's reasonable control. In case this happens, the customers will have to make arrangements with HOSTMALABAR to defer the service to a mutually agreed date and time.

27. Complaints.

All complaints will be investigated promptly. In the event that an account is being investigated, HOSTMALABAR reserves the right to suspend, restrict or terminate the account(s) in question. We will deactivate the customer's account(s) if HOSTMALABAR policy are not followed.

Please report violations to: admin@HOSTMALABAR.com

28. Policy change.

HOSTMALABAR reserves the right to make changes to our Acceptable Usage Policy at any time without any notification. Changes to our Acceptable Usage Policy take effect immediately upon being posted on our website.

29. Entire Agreement.

This Agreement supersedes all prior and current, oral or written understandings and agreements between HOSTMALABAR and the customer involved. Any prior statements that are not written in this agreement, even if they are promised orally or written are deemed void. Customers hereby acknowledge and will abide by all the rules set forth in this agreement

 


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