Terms, Conditions and Acceptable Use Policy

The Internet is intended for use by mature adults and by minors when supervised by mature adults. Our customers are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. The customer is expected to have a basic knowledge of how the Internet functions, the types of use which are generally acceptable, and the types of use which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

Server abuse:
Any attempt to undermine or cause harm to a server, or customer, of HostIndia.net is strictly prohibited.

Unauthorized use of other people's accounts or computers:
HostIndia.net 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, security hole scanning etc. Any unauthorized use of account of a HostIndia.net customer, whether or not the attacked account or computer belongs to HostIndia.net, 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.

Bandwidth Usage and Data Transfer Policies:
All the hosting plans includes allocated data transfer per month and no extra fees are charged for this data transfer. Traffic will go unmonitored until you reach allocated data transfer per month. Thereafter, data transfer rates agreed at time of signup of a plan or normal data transfer cost of:
Rs. 300/1GB/month (For clients hosted on USA based servers)
Rs. 800/1GB/month (For clients hosted on India based servers)
will be directly billed to your account.
We do not put any restriction on total monthly data transfer, extra bandwidth transfer is not limited to any value and no notices are sent to sites exceeding allocated data transfer.

Abuse of Unlimited Traffic and/or Unlimited Storage:
We offer unlimited traffic and/or unlimited storage under some of our hosting plans. The intention of HostIndia.net is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on HostIndia.net's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of HostIndia.net management. Any customer who violates HostIndia.net's Policies in abusing either space/site transfer will be notified and given 48 hours to remedy the problem. If the problem is not resolved within the allotted 48 hours period, the client will be billed for the overages. For those that do not qualify for the unlimited services including sites with download files, picture galleries, any file/script running from their domain used on others domain and streaming media ( These are the sites where 50% or more of monthly traffic is due to above mentioned activities), traffic will go unmonitored until you reach 3 GB per month. Thereafter, normal data transfer cost will be billed to your account. HostIndia.net will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited commercial e-mail:
Sending of unsolicited commercial email/SPAM/Mass Mailing from or through a HostIndia.net server or using an email address that is maintained on a HostIndia.net Server is strictly prohibited. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a HostIndia.net server as a mail drop for responses or use HostIndia.net Server for Web Hosting. Maintaining an open SMTP relay is also prohibited. Violators will have their service terminated and overage charges may apply upon HostIndia.net's discretion. Any client listed by any Anti Spam provider may be deactivated immediately without notice.

HostIndia.net Email Send Rate Limit & Restrictions:
To uphold the quality and reputation of HostIndia.net Email Service, your use of email service is subject to following Send Rate Limit & Restrictions. If you are found to be in violation of our policies at any time, as determined by HostIndia.net in its sole discretion, we may warn you or suspend or terminate your account.

Email send limit for shared web hosting:
No more than 250 emails (recipients) per day.
No more than 100 emails (recipients) per hour.

Email send limit for Business Mailing Solution:
No more than 500 emails (recipients) per day.
No more than 100 emails (recipients) per hour.

Email send limit for Virtual Private Servers:
No more than 5000 emails (recipients) per day.
No more than 1000 emails (recipients) per hour.

Payment Policies:
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. HostIndia.net reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a 5 days of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies HostIndia.net in writing for a request for termination of services.

Cancellation:
HostIndia.net reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by HostIndia.net if HostIndia.net institutes it's right of cancellation expect in case of terminations due to violation of policies. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc). All of HostIndia.net's shared web hosting plans are backed by a 30-day money back guarantee. If you are not completely satisfied with our shared web hosting services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. All domain name registrations, domain name transfers, services other than shared web hosting and service renewals are non-refundable. 30-day money back guarantee is not applicable for the same.

Lawful Purpose:
HostIndia.net reserves the right to refuse service to anyone. Customers may only use HostIndia.net server for lawful purpose. Transmission of any material in violation of any law/regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. HostIndia.net expressly forbids anyone from using HostIndia.net's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of HostIndia.net management.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold HostIndia.net harmless from any and all demands, liabilities, losses, costs and claims, including attorney's fees asserted against HostIndia.net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostIndia.net against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostIndia.net's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from HostIndia.net's server.

Policies for Notification of Infringement:
It is HostIndia.net's policy to comply with all intellectual property laws and to act expeditiously upon receiving notice of claimed infringement.

Notices of copyright infringement should contain the following information:
1. A physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone and Fax number of the complaining party.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. HostIndia.net will terminate all account holders and subscribers who are repeat infringers of intellectual property laws.

LIABILITY DISCLAIMER
HOSTINDIA.NET AND/OR ITS PARTNERS, RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS AND SERVICES PROVIDED BY HOSTINDIA.NET FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
HOSTINDIA.NET AND/OR ITS PARTNERS, RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL HOSTINDIA.NET AND/OR ITS PARTNERS, SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HOSTINDIA.NET PRODUCTS AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE HOSTINDIA.NET PRODUCTS AND SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HOSTINDIA.NET WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF HOSTINDIA.NET WEB SITE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOSTINDIA.NET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
AT ANY STAGE IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HOSTINDIA.NET WEB SITE, OR WITH ANY PRODUCTS AND/OR SERVICES PROVIDED BY HOSTINDIA.NET OR ITS PARTNERS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HOSTINDIA.NET PRODUCTS AND SERVICES.
THE RELATIONSHIP BETWEEN YOU AND HOSTINDIA.NET SHALL BE GOVERNED BY THE LAWS OF INDIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND HOSTINDIA.NET AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED AT PUNE, MAHARASHTRA, INDIA.

All customers, resellers, affiliates and dedicated servers of HostIndia.net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation. Complaints about violators of our policies should be referred to abuse@HostIndia.net. Each complaint will be investigated.