Terms Of Service

This Web Hosting Agreement is between HosterDaddy Private Limited and the person/persons/Company who use our web hosting services. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Customer Agreement

HosterDaddy provides web hosting, application hosting, reseller hosting, VPS hosting, domain registration and dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on HosterDaddy. You shall agree to use our services for legal purpose in connection with your use of our services. HosterDaddy reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when HosterDaddy decides that the account has been inappropriately used or otherwise.

Content

HosterDaddy reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.

The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited:

  • Botnets, spam bots, mail bombers, port scanners, IP scanners brute force sales of illegal pharma, drugs malware, warez, phishing materials, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
  • Website content that promotes or advocates human trafficking in any way shape or form as determined by HosterDaddy’s sole discretion, sites that promote prostitution, or escort services.
  • Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
  • Illegal Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of HosterDaddy.

    Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.

  • Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
  • Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material.
  • HosterDaddy reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.
  • Refer General Acceptable Use Policy for complete details on prohibited content and activities.
  • In compliance with DMCA act, HosterDaddy has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to abuse@hosterdaddy.com
  • IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
Offensive Content

You may not publish or transmit via HosterDaddy.com's service any content that HosterDaddy.com reasonably believes:

  • constitutes child pornography;
  • constitutes illegal pornography;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person's privacy;
  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person's trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to HosterDaddy.com;
  • is otherwise malicious, fraudulent, or may result in retaliation against HosterDaddy.com by offended viewers;

HosterDaddy.com does not accept material such as:

Illegal Gambling, Weapon Sites, Anti-Government Websites, Drugs Websites and Phishing.

HosterDaddy.com can terminate service for any of the above reasons and it's at HosterDaddy.com's sole discretion to issue a refund.

Material Protected By Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
  • you are otherwise permitted by established United States copyright law to copy the work in that manner.

HosterDaddy.com will terminate the service of repeat copyright infringers.

Abuse Of Resources
  • Any attempts to compromise or actual compromise of a network device belonging to HosterDaddy or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • Denial of Service (DOS) attacks directed at HosterDaddy, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
  • The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the HosterDaddy staff we have full right to remove them from our services without any refund.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.

Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of 30 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be 60. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.

Bandwidth

If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.

Account Verification

Account Verification is not necessory but only required in case of abuse. If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.

VPS Rules

We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS' themselves. The support team will not be responsible for this. With windows VPS, we provide evaluation version which can be re-activated after every 6 months.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. HosterDaddy would be the sole arbiter as to what constitutes a violation of this provision.

In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server hardware node give us optimum performance we have set limits on the number of outgoing mails which can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 300 outgoing mails per hour, our VPS customers would be able to send 1000 outgoing mails every hour and the Cloud hosting customers may send 1500 outbound mails per hour. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.

We do not guarantee Inbox email delivery with any of our hosting plans.

Backup Policy

Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. HosterDaddy does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You as a HosterDaddy User agree that in no case, HosterDaddy can be held responsible for the loss of data in any circumstances.

Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by HosterDaddy will not have any emails or media file included in it.

Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

Unlimited Hosting

"Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts. Click here to read the unlimited hosting policy.

The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for Web hosting, Application hosting, Linux & Windows based shared hosting plans.

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by HosterDaddy or our network providers will not count towards the uptime guarantee. HosterDaddy is not liable in any way for failure of third party services.

HosterDaddy 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.

Security

You are responsible for any misuse of your account 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 the 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 not recommended. You should 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 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. HosterDaddy 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.

Indemnification

Customer agrees that they will protect, indemnify, save and hold HosterDaddy harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against HosterDaddy, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns.

Customer agrees to defend, indemnify and hold HosterDaddy harmless against liabilities arising out of -

  • Any injury to person or property caused by any products sold or distributed in association with HosterDaddy's Services;
  • The loss of any electronic files furnished by customer (Or customer's customer);
  • Copyright violation and any defective products sold to a customer from HosterDaddy's Services
Internet Abuse

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to HosterDaddy.com and its customers) without express authorization of the owner of the system or network;
  • monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the HosterDaddy.com network.
  • Use of HosterDaddy.com's network in a way that unreasonably interferes with HosterDaddy.com's other customers use of the network.
Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

Disclaimer

HosterDaddy.com is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the HosterDaddy.com network.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. HosterDaddy reserves the right to modify / change the terms of service at all times. All customers would be bound by the newest terms published on the website.

Change of TOS

HosterDaddy may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

  • No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.
  • By signing up for our services, you agree to HosterDaddy’s Terms of Service, Privacy Policy and all the regulations set out by HosterDaddy.
Things We Don’t Accept
We have some strict guidelines to follow for the projects we host.
Child Porn
Spam
Scam & Exploits
Viruses & Malware
Violence
Racial / Religious Intolerance
Product disclaimer
Product disclaimer

HosterDaddy often offers discount and special offers to customers on web hosting plans. These are limited period offers and its valid for first term only. The discounted price will not be applicable on renewals. After completing the initial term the web hosting plans will automatically renew at regular rate.

If Discount coupon is for recurring then discount will be applicable on the renewals as well for the lifetime.

No Hidden Charges.

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