Where the content states: “We” includes HostAye.com or any party acting on HostAye.com’s implicit 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. HostAye.com reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.HostAye.com In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
Shared ServersThere 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. HostAye 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 Servers Reseller servers 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.
1.-An inode stores basic information
about a regular file, directory or other file system object. The number
of inodes indicates the number of files and folders you have. The inode limitation is
applicable to all HostAye servers.
2.There is a soft limit of 250,000 files per cPanel; however, accounts that exceed over 250,000 files will be in direct violation of our Terms of Service and will be susceptible to being suspended.
3.It is not allowed to store any back up file , Video or audio files in your cpanel or in server . This is to avoid the unnecessary use of inodes , as the files increase in your panel that will increase the inodes and accounts that exceed over 250,000 files will be in direct violation of our Terms of Service and will be susceptible to being suspended and no refund will be initiate in this case.
4.Shared hosting cant be use as reseller Hosting , if anyone is used as a reseller hosting and consumes the inodes then that will result in suspension and appropriate action (suspension or termination ) will be taken .
5.In shared Hosting only 10,000 visitors allow per day . for more than 10,000 visitors you need cloud hosting , VPS or dedicated Server.
6.In shared Hosting you cant do bulk emailing or store unlimited email. As it is shared hosting we allow only 1Gb space per email Id in unlimited plan or in advance , standard plan . Space more than 1Gb not allowed in our serverfor email . Although you can create unlimited email accounts there is no limit for that.
1.If the 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.
2.Hosting which expires and doesnt renew within 15 days from its expiry date will be terminated completely . Deleted data cant be restorable in this case and either through mail or call client will be informed . HostAye will not be responsible if client doesnt able to check mail or recieve call regarding renewal.
HostAye is a DMCA ignored hosting provider in that it protects its customers from illegitimate use of DMCA complaints. Illegitimate use of DMCA complaints includes but is not limited to copyright abuse reports for content which does violate any copyrights.
The goal of this protection is to allow our customers to run their businesses without unnecessary interruption and to ensure only those legitimate abuse reports that require their attention will be delivered to them.
Excluding special cases, HostAye will not handle in any way or form any DMCA or copyright complaints which were received via any means other than registered mail.
In specific cases, HostAye may accept DMCA or copyright complaints sent to HostAye via Email. This will be decided at our sole discretion based on the specifics of the discussed copyright violation case.
All services provided by HostAye.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HostAye.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all HostAye.com servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances. If you have bought DMCA Ignore services kindly check our DMCA Policy.
HostAye.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostAye.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostAye.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostAye.com servers. All damages shall be limited to the immediate termination of service.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW AND/OR REGULATION, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR COPYRIGHT OR OTHER RIGHT OF ANY PERSON OR ENTITY.
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
We strictly not allow any type of scripts, themes, plugins which contain malware, If we find any site invovled in using malware content we will be forced to suspend / terminate your account without refund.
Note: Using nulled scripts may result in hack of your site and break down your site security, in this case we will not be responsible from any point!
If your account gets suspended three times due to any of the above scripts, we will be forced to suspend / terminate your account without refund.
1.- Back up restoration will be chargeable .
Restoration charges will be 2999 INR /- . If you paid for the restoration and back up will not
available in that case , paid amount will be fully refunded. if the back up will available no refund
initiate . After request for back up you need to wait for 24-48 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.
You may request us for a back up 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 back up 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 back up.
2.If any account found in any kind of illegal activity , hacking , copyright issues , bot sites , adult contents such accounts will be suspended and terminated within 24 hours and no refund will initiate in such cases. HostAye will not responsible in such cases for any kind of data loss.
3.I would request you to look into the following points regarding our backup policy:-
1) We do not promise the customers for providing the backups.
2) 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.
3) So we always recommend the customers to take the backups of their site contents, databases and emails at their end.
4) We don't restore the contents
5) Restoration of back will be done from Client side.
Once the domain is registered it cant be canceled or refunded.
1. 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.
2. 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 notwithstanding refusal by the naming authority to register your desired name.
3. 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.
4. We shall not release any domain to another provider unless full payment for that domain has been received by us.
1. 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.
2. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
3. 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 part; nor will you authorize or permit any other person to do so.
. you will not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by HostAye.Com in any way. (b) any material containing a virus or other hostile computer program. (c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
. 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.
. you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
. If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.
4. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
5. 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.
6. 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.
7. 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 HostAye.Com.
8. 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 HostAye.Com 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 a HostAye.Com provided server, or using a HostAye.Com provided server as a mail drop for responses. To falsify user information provided to HostAye.Com or to other users of the service in connection with use of a HostAye.Com service.
(a) Consequences of Violation: When HostAye.Com becomes aware of an alleged violation of its Acceptable Use Policy, HostAye.Com will initiate an investigation. During the investigation HostAye.Com may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, HostAye.Com 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, HostAye.Com will notify the appropriate law enforcement department of such violation.
(b) You shall be held liable for any and all costs incurred by HostAye.Com 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. HostAye.Com’s 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.
. HostAye.Com does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
9. Any access to other networks connected to HostAye.Com must comply with the rules appropriate for those other networks
10. 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.
11. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services. 2.12 Please note no refund can be issues in cause of unused product or customer has utilized the freebees like domain migeration ,domain reseller,custom setup or billing script
12. Fair Usage of Support:Users who put exessive support tickets for install or rebuild on VPS would be Liable for admin hours beyound the fair usage guidelines.
1. 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.
2. 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.
3. 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.
1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
2. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize HostAye.Com to debit your account renewal fees from your card.
3. All payments must be in US Dollars.
4. If your check is returned by the bank as unpaid for any reason, you will be liable for a “returned check” charge of $45.
5. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
6.In 15 days money will be fully refunded . if you purchase Freedom plan , Unlimited plan or Combo plan then refund within 15 days will be initiated with deducting the domain charges and ssl charges.After 15 days no refund will be initiate except unlimited plan . In unlimited plan refund after 15 days will be along with deduction of domain and usage per month.
1.If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
3. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
4. No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will a be entitled pro rata refund based upon the remaining period of membership.
6. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
7. During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. HostAye.Com shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.
. During the first fourteen days of service you are entitled to a full, no questions asked refund excluding as set forth in sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in section 2 above. For the remaining time your refund will be prorated and factored at the full discretion of HostAye.Com.
. Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been deemed excessive at the discretion of HostAye.Com. Such accounts are often more resource intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 30 day guarantee details.
. You will not be entitled to a refund on these basis if you have previously had an account with HostAye.Com under any plan or service.
. Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
8. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
9. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
4. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
6. You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
1. 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.
1. On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
2. The support feature of our service at present time consists of our Support System solving server related problems only.
. If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians’ services at the rate of $80 per hour, with one half hour minimum billed. We reserve the right to wave this fee at any time.
3. Support can only be addressed in English through our Support System.
4. All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.
5. In the event of a server outage or other such emergency, you are free to contact us in any manner.
1. This Agreement shall be governed by and construed in accordance with India law and the laws governing the state of West Bengal. You hereby submit to the non-exclusive jurisdiction of the India courts.
1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
1. No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
2. Any abuse towards any HostAye.Com employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing HostAye.Com or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at HostAye.Com or it’s employees shall be considered a violation of this TOS.
3. Any threat; whether verbally, orally, written, or delivered by second parties directed towards HostAye.Com or any of it’s employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
4. Any conduct viewed as violating this section shall be considered a violation of this TOS. HostAye.Com will be the sole arbitrator in regards to what is deemed a violation.
5. No refunds shall be given when the contents of this section necessitates removal of the account.
1. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
HostAye.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by HostAye.com are resold. Thus, certain equipment, routing, software, and programming used by HostAye.com are not directly owned or written by HostAye.com. Moreover, HostAye.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as HostAye.com sees fit. FURTHERMORE, HostAye.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
2. HostAye.Com reserves the right to amend these TOS at any time.
3. It is your responsibility to check these Terms of Service on occasion for any such amendments.
4. All shared hosting plans are for web hosting purpose. we not allow hosting of downloadable files like mp3, wallpaper download site, movies downloading/streaming site or bot site under our hosting. All such sites will be suspended by our server team without any prior notice.
HostAye Technologies is a fastest growing web hosting company based in india, We at 'HostAye' provides full range of Web Presence products & services to a wide range of customers worldwide. Our product suite includes Domain Registration, Web Hosting, Cloud & Server Management, Email, Web Security and Website Design. We are passionate about providing you world-class customer service.Read More
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