Hostao Terms of Service
Terms of Service (TOS)
WELCOME TO HOSTAO.COM
Customer agrees when using, or accessing Hostao.com services that the terms and conditions of this policy will be met:
User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Hostao.com reserves the right to cooperate with all or any law enforcement agencies.
User agrees to follow the Acceptable Use Policy of any network user connects to, including Hostao.com system.
Neither Hostao.com nor its Information Providers are responsible for any damages arising from User’s use of Hostao.com or by User’s inability
to use Hostao.com service.
User hereby agrees that any material submitted for publication on Hostao.com through user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User’s may not host any hardcore adult content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on Hostao.com.
The following violations of “netiquette” are grounds for immediate suspension of service pending investigation by Hostao.com and will result in
termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic). Sending unsolicited mass e-mailings which provoke complaints from the recipients.
Engaging in either of the above from a provider other than Hostao.com and using an account on Hostao.com as a mail drop for responses, or
advertising a web site hosted at Hostao.com.
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Hostao.com.
Impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
Hostao.com prohibits IRC and associated programs, including psybnc, “bots”, etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Hostao.com.
User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.
User may not use more than 100% CPU out of 1 CPU Core and the usage is limited to 1 CPU core, 1GB memory, 1024/Kbps IO – Read & write operations, no more than 100 NPROC – Processes or no more than 20 Entry Process. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater. Each user account may not send more than 300 emails per hour. If it is determined that a customer’s account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or such as a Premium Hosting Plan with high resources, VPS or a Dedicated Server. Hostao.com will be the sole arbiter as to what constitutes a violation of this provision and Hostao.com reserves the right to make adjustments to these limits at our sole discretion.
All unmetered dedicated servers and virtual private servers are installed on hundred mbps shared bandwidth ports, unless service is sold as a specified port size or specified/requested as a capped port. Hostao.com reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other Hostao.com clientele, Hostao.com reserves the right to throttle the service causing such a problem.
Hostao.com performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are created for accounts that are under 20GB and 150,000 Inodes. These limits apply to each cPanel user individually. Furthermore, Hostao.com does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the unfortunate event that the client has lost their data hosted with Hostao.com, will use reasonable endeavors to restore the client’s data; however Hostao.com will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.
The use of more than 50,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 150,000 Inodes. Accounts found to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Users with reseller plans have a reseller wide limit of 1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and it will only become an issue if a reseller is causing problems for other resellers on the server. If a resellers inode usage is in between 5 to 10 million inodes we may request the reseller to upgrade to a dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the reseller, account may be suspended. Budget resellers have a per user limit of 50,000 inodes and a 250,000 reseller wide limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a normal reseller plan or provide adequate time to resolve the inode usage, if no action is taken by the budget reseller, account may be suspended.
Every file (a web page, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended;
however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or resellers with millions of files that cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.
File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with Hostao.com as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.
Abuse of Hostao.com Staff or Support Personnel: At Hostao.com, we take pride in providing excellent service to all of our customers. It is our
policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff;
Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
REGISTRATION
a. Registration is optional for all Users in order to make any purchases through the platform or even view the products online, however, to avail of the health and fitness features, the User shall be a registered User;
General Terms
b. The users are also provided with an option to link their Facebook/Google accounts with the Platform at the time of their registration in order to smoothen the process of registration.
c. Registration for this Platform is available only to those above the age of Eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a User, You may do so through your legal guardian and the Firm reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
d. Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any hereinbelow use of your account.
PLATFORMOVERVIEW
We are a platform operating under the domain name “Hostao.com”.It’s a web hosting company that also provides almost all internet activities, like e-commerce, web designing, SEO, advertising, etc…The Platform operates for both the Users, the Vendors, and the Customers.
ELIGIBILITY
The Users jointly represent and warrant that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
The Users further represent that they will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.
CONTENT
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively, ‘Content’), are generated/provided by Platform and the Platform has control over it and assures a reasonable quality, the accuracy, integrity or genuineness of products sold on the Platform.
All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.
The Users are solely responsible for the integrity, authenticity, quality, and genuineness of the feedback and comments by Users that can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared, or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, or modify any content without written permission of the Firm.
TERM
a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.
b. The Users may terminate their use of the Platform at any time.
c. The Firm may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action against you that the Firm considers appropriate.
e. It is also hereby declared that the Firm may discontinue the Services and Platforms without any prior notice.
CANCELLATIONS
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at
www.my.hostao.com > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. Hostao.com
requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply
the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer
account. Customer understands and agrees that Hostao.com does not provide pro-rated or any other kinds of refunds on cancellations. All fees
Customer has paid shall be nonrefundable, unless stated otherwise under our any 30 day money back guarantee.
All cancellation requests must be made directly via www.my.hostao.com. Cancellations requests are not accepted by email, postal mail, by phone or
via the help desk (support.hostao.com). If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation
request. In such cases, Hostao.com reserves the right to terminate the customer account with immediate effect without any prior notice.
CONTENT
By using this Platform and providing his/her identity and contact information to the Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails, or SMS from the Firm and/or any of its representatives at any time.
Clients can report to “contact@hostao.com” if they find any discrepancy with regard to Platformor content-related information and the Firm will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Firm or any representatives relating to any Product purchased by the User on the Platform or anything pursuant thereto and the User agrees to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Privacy Policy.
PAYMENT
The User viewing the products listed on the platform is free of cost however any such products purchased by the User through the platform shall be subject to payments and the User is bound to make a payment to confirm the order.
The Firm permits 3rd party payment gateways such as but not limited to
1. Razorpay
2. PayPal
3. Bank Transfer
The Firm will not be liable for any credit or debit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user. To provide a safe and secure shopping experience, the Firm regularly monitors transactions for fraudulent activity. In the event of detecting any suspicious activity, the Firm reserves the right to cancel all past, pending, and future orders without any liability.
The Firm shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect, or otherwise) from the use of the Services. The Firm, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
PAYMENT ISSUE
User agrees to pay Hostao.com all charges relating to the use of User’s account(s) according to rates and prices stated on said sales order at the time of commencement.
User is responsible for charges at the time the service is used and Hostao.com may apply the amount due to User’s credit card at any time.
Hostao.com reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants Hostao.com the right to charge payments to that card on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments.
Non-Payment: All web hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services.
Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.
All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
Payment Reminders: Our credit card processor will remit payment for all recurring orders, for services on the monthly anniversary date. It is clients responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s sole responsibility to make sure that dues are paid on time and the email address on file is working and allowed to receive reminders from Hostao.com. Once a payment reminder dispatched from Hostao.com. it is considered as a valid payment reminder. Hostao.com does not take any responsibility for non deliverable email addresses or email sent by Hostao.com. not reaching the client destinations, including but not limited to spam filters or network issues. For the first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The third day and the fifth day, second and third payment reminders will be sent us. From the seventh day customer services may be suspended temporarily for
non-payment.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The Client agrees and acknowledges that they are a restricted user of this Platform and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The firm is not liable if the User has provided incorrect information.
b. Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime by accessing their profile on the platform.
c. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Firm reserves the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
e. Authorize the Platform to use, store, or otherwise process certain personal information and all published Content, Client Responses, Client locations, User comments, reviews, and ratings for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
f. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or from this terms of use, including, but not limited to compensatory, consequential, incidental, indirect, special or punitive damages.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Firm.
h. agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent, or otherwise objectionable. The Firm disclaims any and all liabilities arising in relation to such offensive content on the Platform.
i. Expressly agree and acknowledge that the Content generated by the User and displayed on the Platform is not owned by the Firm and that the Firm is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Firm may then remove from the Platform, at its sole discretion.
j. Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Firm from whom the Users are utilizing services.
The User further undertakes not to:
a. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or network
PUBLIC FEEDBACK
We have a zero tolerance policy for posting negative feedback on any public locations about our company and/or our employees before submitting a ticket to our “Suggestions & Complaints” Department to discuss your issue, this will result in immediate account termination without any refund.
Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client that we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our Complaints Department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please DO NOT SIGN UP with Hostao.com in the first place.
Furthermore, all of our policies that pertain to keeping information given to us confidential including but not limited to our privacy policy, confidentiality agreement, and non-disclosure agreement are nullified once you discuss your experience publicly. For example, if you make a negative post in public, then you are waiving your protection of privacy.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspending/terminating the User’s association with the Platform, and/or refuse to the usage of the Platform to the User, without being required to provide the User with notice or cause:
a. If the User is in breach of any of these Terms or the Policy;
b. If the User has provided wrong, inaccurate, incomplete, or incorrect information;
c. If the User’s actions may cause any harm, damage, or loss to the other Users or to the Firm, at the sole discretion of the Firm.
INDEMNITY
The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, and their respective directors, officers, employees, and agents (collectively, “Parties”), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed pursuant to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against any claims made by any third party due to, arising out of, or in connection with:
a. User’s use of the Platform,
b. User’s violation of these Terms and Conditions;
c. User’s violation of any rights of another;
d. User’s alleged improper conduct pursuant to these Services;
e. User’s conduct in connection with the Platform;
The user agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s expense. The user also agrees not to reach a settlement with any party without the consent of the Firm.
In no event shall the Firm/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not the Firm/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
a. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not responsible for any consequences arising out of the following events:
i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If the User has fed incorrect information or data or for any deletion of data;
iii. If there is an undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by the Platform.
b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
c. Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s or the Shopkeeper’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, and domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Firm or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics, and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Firm/Platform, to be determined in the sole discretion of the firm.
The User is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Firm, or to any other User. The User is aware that the Firm merely provides a Platform through which the Users can communicate and schedule meetings, and the Firm/Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES
a. The User agrees and undertakes that they are accessing the Platform at their sole risk and that they are using their best and prudent judgment before availing of any service listed on the Platform or accessing/using any information displayed thereon.
b. The User agrees that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
c. The Firm/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
d. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
FORCE MAJEURE
Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by the such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Noida, NCR, India.
The Parties expressly agree that the Terms of Use, Privacy Policy, and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing to “support@hostao.com“.
REFUNDS
Without waiving any of its other rights under this Agreement, Hostao.com offers to its Customers a 30-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within thirty (30) days starting from the day Hostao.com dispatch your welcome email including your account information or the day you place the order with us, whichever comes first. Hostao.com will refund your money with no questions asked;
provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Hostao.com and does not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services, this includes but is not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers, and overage fees.
MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require the performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions, and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Policy, the practices of the Platform, or your experience with the Service provided by the Platform, you can contact us at”contact@hostao.com“.
