This Web Hosting Agreement is between ProHosty Pvt Ltd and the person/persons who use our web hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
ProHosty Private Limited, Salon Raebareli Uttar Pradesh 229127.
ProHosty provides cPanel hosting, Windows hosting, email services, domain registration, reseller hosting, VPS hosting, Cloud hosting and dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on ProHosty. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. ProHosty reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when ProHosty decides that the account has been inappropriately used or otherwise.
ProHosty reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.
Any attempts to compromise or actual compromise of a network device belonging to ProHosty 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 ProHosty, 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; exploit 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, ring tones 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.
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 may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time 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 ProHosty staff we have full right to remove them from our services without any refund.
Prohosty will not be responsible if the user's website faces any trouble like hack/virus/data corruption and data loss due to using crack/nulled/GPL etc, unauthorized file sources.
If our security system detects your CPU/RAM usage going higher than what we allocated with your plans, then our system will automatically suspend your cpanel without any notice. Meanwhile, Prohosty will not be responsible for any loss.
Copyright claims are covered by the Digital Millennium Copyright Act (“DMCA”), whereby a copyright holder may issue a formal complaint known as a DMCA Takedown Notice.
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.
Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's 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. Further more, 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 $250.00 will be charged to your account. The account will not be unsuspended 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 what-so-ever.
If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn't exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.
If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.
If the user has lost their registered email, the user has to share any government ID with transaction ID from the bank/wallet they used while taking hosting or domain.
If the user lost Authentication and want to disable Two-Factor Authentication, then the user has to share any government ID with transaction ID from the bank/wallet which they used while taking hosting or domain.
We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS' themselves. The support team will not be responsible for this. With windows VPS, we provide evaluation version which can be re-activated after every 6 months.
For VPS cancellation, raise before expiring plan. Otherwise, you need to pay complete billing.
Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. ProHosty would be the sole arbiter as to what constitutes a violation of this provision.
In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server hardware node give us optimum performance we have set limits on the number of outgoing mails which can be sent per day. Accordingly, shared & reseller customers would be allowed to send 300 outgoing mails per day, our VPS customers would be able to send 1000 outgoing mails every day and the Cloud hosting customers may send 300 outbound mails per day. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.
We take the enforcement of anti-spam laws very seriously. Spam can lead to negative impacts for all our users so ProHosty has strict policies against spamming and bulk email. Users who send egregious amounts of Spam via email, newsgroups, etc., are not allowed on our servers. If we receive complaints of spamming and bulk email coming from a particular account or harming our servers, we will remove/suspend your account from our network without any notice.
We do not guarantee Inbox email delivery with any of our hosting plans.
Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. ProHosty does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You as a ProHosty User agree that in no case, ProHosty can be held responsible for the loss of data in any circumstances.
Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by ProHosty will not have any emails or media file included in it.
Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.
All data will be deleted within 7 days if the customer does not pay his hosting bill on time. Prohosty will not be responsible for any data lose.
If the customer hosting plan is terminated and the customer wants to restore his cpanel, then the customer has to pay all due invoices with a restore charge.
If old data is available on our backup server, the restore charge will calculate according to your plan, month, disk space, etc.
"Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts. Click here to read the unlimited hosting policy.
The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for WordPress hosting, Business hosting, Linux & Windows based shared hosting plans.
Any service interruptions or downtime due to scheduled maintenance by ProHosty or our network providers will not count towards the uptime guarantee. ProHosty is not liable in any way for failure of third party services.
ProHosty will not be 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 labour 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.
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 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 keep your password 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. ProHosty 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.
If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.
The 7 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365 and any other paid licenses.
The modifications done in pricing pattern or policy by the software license company will take effect immediately on ProHosty clients.
The money back guarantee is provided on Shared hosting, WordPress hosting and Unlimited hosting with more then 6 month plan.
No refund will be made if your Service(s) are suspended or terminated for cause.
There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won't be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won't be eligible for refund in such cases.
The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 7 days period or beyond coverage of our refund policy as noted here.
The free domain is offered with Swift and Turbo plan of shared hosting. One free .COM or .IN domain is offered with purchase of every new Swift/Turbo plan for 1/2/3 years. Domain name will be free for the first year and renewal charges will be applicable from the second year.
You must add the domain name into your cart with the hosting plan. You cannot claim the free domain later.
If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with ProHosty if you fail to pay the difference amount.
Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.
The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.
The refund request placed after 7 days will not be processed and you will not be eligible for any refund.
The cancellation request should be sent through client area.
After sending the cancellation request, it would take 4 - 5 working days to complete the refund process.
If customers do not pay their bills on time, they have to pay an additional amount as a late fee.
Customer agrees that they will protect, indemnify, save and hold ProHosty harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against ProHosty, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns.
Customer agrees to defend, indemnify and hold ProHosty harmless against liabilities arising out of -
Any injury to person or property caused by any products sold or distributed in association with ProHosty's Services;
The loss of any electronic files furnished by customer (Or customer's customer);
Copyright violation and any defective products sold to a customer from ProHosty's Services
We reserve the right to refuse, cancel, or suspend service at our sole discretion. ProHosty reserves the right to modify / change the terms of service at all times. All customers would be bound by the newest terms published on the website.
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