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Terms Of Service (TOS)
 

General Terms & Conditions: Plz. refer to our Acceptable Usage Policy (AUP) for General Terms and conditions.

1.) Account Setup

User understands that it may take up to 24 hours for any shared web hosting account to be activated or domain name to be registered. Hostimizer.com  will set-up your account or register your domain name once payment has been received/processed and once your account has been verified. If you do not receive your account information within 24 hours and have not received an email or phone call from Hostimizer.com , please contact us immediately.

2.) Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

Examples of unacceptable material:

·  IRC egg drops/Scripts/Bots

·  Proxy Servers/Scripts/Anonymizers

·  Mail bombers

·  Anonymous mailers

·  IP and Port spoofers/Scanners

·  Hivemail/Mailer Pro

·  Telnet or SSH Access Scripts

·  nph-proxy (and other scripts what operates like proxy)

·  UBB (Ultimate Bulletin Board, all versions)

·  lstmrge.cgi

·  phpShell

·  FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

·  Pirated Software/Warez

·  Image Hosting Scripts (similar to Photobucket or Tinypic)

·  AutoSurf/PTC/PTS/PPC sites

·  Bruteforce Programs/Scripts/Applications

·  Mail Bombers/Spam Scripts

·  Banner-Ad services (commercial banner ad rotation)

·  File Dump/Mirror Scripts (similar to rapidshare)

·  Commercial Audio Streaming (more than one or two streams)

·  Escrow/Bank Debentures

·  High-Yield Interest Programs (HYIP) or Related Sites

·  Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

·  Sale of any controlled substance without prior proof of appropriate permit(s)

·  Prime Banks Programs

·  Lottery/Gambling Sites

·  MUDs/RPGs/PBBGs

·  Hacker focused sites/archives/programs

·  Sites promoting illegal activities

·  Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

·  Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

·  Child pornography

·  Anything that sends unsolicited/Junk/spam emails
We allow torrent activities from Private Trackers only. We never allow any of our client to use public tracker for any kind of torrent activties including leeching or seeding etc. If some client use any public tracker, he does so on his own risk and we will immediately suspend such accounts if we get any kind of complaint regarding that torrent/IP/Account.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We  reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of LithiumWeb Solutions. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify LithiumWeb Online Services LLP. of your desire to cancel any or all services received, those services will be billed on a recurring basis.

We reserve the right to change the monthly payment amount and any other charges at anytime.

A.) Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

B.) Late/Non-Payment:

 6 hours past your due date, your account will be suspended (a $10 for Hosting/Reseller Packages, 30$ for vps and $200 for Dedicated Server reactivation fee will apply).

5.) Backup

•   we DO NOT take any regular backup of your accounts and we don't provide any kind of automated backup service.
•   Client's should take their backups regularly and save/upload backups to some remote location.
•   We can NOT be held responsible for loss of data because of any incidents including but not limited to hardware failure, accidental format, cancellation of service etc.
•   You can take your backups yourself via cPanel.

6.) Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time. We give  you an unconditional 7 day money back guarantee in shared hosting, and reseller hosting only .
No Refund Policy in dedicated server, VPS Server, License services, Domain Registration & transfer, SSL , Payment Gateway and rest all other services on Hostimizer.com

Only first-time accounts are eligible for a refund. For example, 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.

Our services cannot be used for activities such as Spamming/Phishing/Hacking/Botnets. Doing so will cause service suspension and will void any money back guarantee.

Refund (Processing)  It will take 7-10 working days.
Cancelled Payment Usually, Cancelled transaction/payments amount will be reversed/unblock to cardholder account within 12 working days, If not cardholder should contact Issuing Bank.


7.) Resource Usage

Hostimizer.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Hostimizer.com systems or networks. Hostimizer.com reserves the right to terminate or limit such activities.
 

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

 

9.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
 

10.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement

11.) Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • Your password provides access to your account. It is your responsibility to keep your password secure.

  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

  • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

  • Users who violate systems or network security may incur criminal or civil liability. Hostimizer.com  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.

 12.) Abusive Clients


Hostimizer.com may at its discretion, suspend or terminate service of any client that is abusive/harassing to Hostimizer.com employees. Examples of such activity include, but are not limited to;
•   Verbal abuse – cursing, yelling, threatening, etc…
•   Ongoing disregard for warnings or notices
•   Consistent mistakes/errors/changes causing unnecessary workload
•   Spamming Hostimizer.com email addresses, ticket systems, or servers
•   Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
•   Consistent late payments or responses
•   Issuing a chargeback or bouncing a payment
•   Continuous activation of problematic end-users
•   Activity which affects the service's of other Hostimizer.com clients
•   Open PayPal disputes without having a full discussion with Hostimizer.com
•   Cancelling your current account and reordering new account just to get new PROMO Discount/Plan

13.) Verbal abuse, threatening to any of our staff members will be a ground for immediate termination of accounts & services without refunds.

14.) Communication: As part of the Protection and Privacy of Hostimizer.com Clients and Staff no parts of our communication including but not limited to Support Ticket, Emails and Instant Messaging Conversations are to be Publically posted under any circumstances.

15.) VPS : uTorrent, rTorrent, wTorrent, flux, bittornado and any related torrents shall not be ran on your windows, linux and freebsd virtual server aka VPS failure to follow this will result in permanent termination. IRC related services shall not be ran on your unmetered Linux, Windows or FreeBSD VPS, similar services shall be ran on our DDoS protected VPS segment for optimum protection, failure to comply will result in service suspension

16.) Shared web hosting, reseller  We will not allow warez hosting, copyrighted materials, torrents, torrentflux, rapidshare, image hosting, video hosting, torrent trackers and similar materials to be ran on your account we reserve the right to terminate you once reported by authorities or if found by Hostimizer.com.

17.) Account Setup Times: We aim to setup all accounts within our set timescale, however certain conditions arise when these timescales can not be met. If we receive a high volume of orders, we may take a little bit longer than expected to setup your account. All setup times written on the website are only in business Day ( 24 Hours )  so weekends and national holidays are not counted in unless other wise stated.

18.) VPS/DEDICATED services: We provide our users with administrative access to most of our services such as (reboot, reinstall. change operating system, dns setup, etc.) to perform all tasks required as well as provide our assistance with any downtimes or failures caused by Hostimizer.com internet services, our services are unmanaged. The meaning of unmanaged means that we don't provide support with applications but we support failures caused by Hostimizer.com, extra support can be given at a fixed one time fee decided by Hostimizer.com Internet Services.

19.) Unmetered and Unlimited Traffic
:
Traffic is unlimited. If you exceed 5 TB / month, the connection will be limited to 10 Mbps. 100 Mbps will be restored with the purchase of additional traffic otherwise until the end of the billing period is over then it would be automatically restored to full port speed.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

LithiumWeb Online Services LLP.  Legal Department
DI 212 Kalindipuram
Rajruppur Allahabad UP
India 211011
[email protected] 
 

By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement. If you don't agree to these services, either don't purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.
Last Update Date : 12/07/2012

We reserve the right to revise its policies at any time without notice

Copyright © 2005-2013 LithiumWeb Online Services LLP All Rights Reserved