You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Hostgle Webhosting would be the sole arbiter as to what constitutes a violation of this Clause.
You agree and understand that we have set a limit of 200 outgoing emails per hour on shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Semi Dedicated Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
10. Affiliate Commissions
Affiliates cannot earn commission on the purchase of their own web hosting account and/or purchases made on their own billing account. As an affiliate, you are not permitted to self refer yourself. For instance, if you join our affiliate program and use the link code to sign up for your own personal account, you will not be entitled to receive any affiliate commission.
Hostgle Webhosting will use reasonable efforts to protect and backup data for clients on a regular basis, however, Hostgle Webhosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.
You agree and understand that any back-up which Hostgle Webhosting may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.
If paying by a cheque, please allow 5 working days for the cheque to clear and for us to open the Account. If paying via postal orders or cash we will endeavour to set up your account on the same day.
Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.
13. Security and Viruses
You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised 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 strictly prohibited. You must 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 unauthorised 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 authorised 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 or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
You agree and understand that users who violate systems or network security may incur criminal or civil liability. Webhosting 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.
You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services
14. Control Panel Support
You agree and understand that our staff members will not help you over live chat, ticket or phone support to setup email accounts, sub- domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through our Flash Tutorials as well as our knowledgebase to understand all features of respective control panels. Our support team will assist you with any of the functions which won't work or if there's any server side problems that needs to be rectified from our end. Customers may consider help from our forum to get detailed information from other forum members, however basic tasks that can be managed from the control panel are expected to be resolved from the Customer's end only.
You will need to upload your website from your end using file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be setup from the client's end only.
15. Cancellations & Refunds
Hostgle Webhosting reserves the right to suspend OR terminate services on receipt of abuse complaints.
An unconditional 30 day money back guarantee is provided on managed shared hosting, reseller hosting, semi-dedicated hosting and VPS solutions. Domain registration fees & dedicated server packages do not come under the purview of this guarantee. Refund requests after 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. 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.
There will be no refund for new domain registrations, ID Protect, WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SSL Certificates and Site Builder as these are purchased from External Vendors & Hostgle Webhosting does not get any refund in case of cancellation of licenses.
Any service interruptions or downtime due to scheduled maintenance by Hostgle or our network providers will not count towards the uptime guarantee. Hostgle Webhosting is not liable in any way for failure of third party services.
16. Money Back Guarantee
Dedicated servers & domain registrations are not included under the 30 day money back guarantee policy. Web hosting reserves the right to decide whether or not to issue pro-rated refunds under such circumstances.
All subscribers of managed shared, reseller, VPS and semi- dedicated hosting plans carry a 30 day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30 days of the date of account set-up.
We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. Hostgle Webhosting reserves the right to change the resource allocation for its services & also to change the prices listed on the website.
17. Modification of Terms of Service
Whm Webhosting reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.
We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.
19.Effect of Termination
On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to Hostgle Webhosting within 14 working days.
20.Limitation of liability
Hostgle Webhosting disclaims all liabilities in connection with the following :
(a) loss of material uploaded; (b) incompatibility of the Services with any of the Customer's equipment, software or telecommunications links; (c) technical problems including errors or interruptions of the Services; (d) unsuitability, unreliability or inaccuracy of the Services; (e)computer viruses of any kind obtained by the Customer in the course of using the Services; (f) any security breaches whatsoever affecting the Customer's Account.
In no event shall Hostgle Webhosting be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
Nothing in this Clause 20 excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
Subject to Clause 20.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
Hostgle Webhosting 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.
In no event shall Hostgle Webhosting be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (inclduding negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies.
The Customer agrees that it shall defend, indemnify, save and hold Hostgle Webhosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Hostgle Webhosting, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
This Agreement will be governed by and construed and interpreted in accordance with the law of India and the parties submit to the exclusive jurisdiction of the Indian Courts.
The Customer and Hostgle Webhosting both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.