The mentioned below agreement will equip you with the information regarding your rights and remedies in case of legal issues.
ACCOUNT ELIGIBILITY:
By getting register with us or using the service provided by us, the customers permits or give their consent to the following conditions that:
• The services we offer is strictly and solely for the eighteen or older users. If you are below the required age and are using our services, have access to or get the registration, then it is a sheer violation of this agreement and is thus unauthorized. By accepting this agreement, you agree that you are of 18 years or older.
• If a customer involves any third party or hires the service on behalf of the third party, then he or she agrees to the term that the third party remains bind to the terms of the agreement. Furthermore, you have to play your part on behalf of another party where and when is required.
• We are not at all responsible for the loss of your account information as it is the sole responsibility of the users to ensure the safety of the account password and other private information. By agreeing to this agreement, you give us your consent that only you will be responsible for all kind of activities and utilization of account options. In case of any damage or the theft or loss of your identity, we will not be responsible at all.
• This agreement binds the customers to provide latest, active, complete and accurate information while registering on our site. You can update your personal information whenever you want by using the customer support and billing options. If the company found any piece of the information supplied by you as incorrect or incomplete, then it reserves the right to cancel your registration immediately.
• If you choose to use a credit card for the payment purpose, then we would demand the scanning of your credit card for the sake of verification. However, here we would like to make it clear that if you fail at any stage of the verification process, this will lead to the cancellation of your account.
At any point in time we reserve the right to ask for the documents supporting the information that you provided in your account registration form. A failure to provide the required documents or any discrepancies found in the provided ones may directly lead towards suspension of the account and all the services allowed to the customer. We hold the right to demand for all related documents for the verification purpose at any point in time.
PROHIBITED ACTIVITIES ON ATHOSTED SERVERS:
atHosted.com will certainly proceed immediately suspension (without notification) if among the following (including however not limited) services or activities discovered on the server:
1. IRC servers
2. iMarcos, AutoSurf, Traffic Exchange, Automated Browsing HitLeap, Crawlers etc.
3. Illegal Downloads/Uploads, /Pirated Content / Warez /
4. Bruteforce Programs/Port Scanning /IP Scanners
5. Email Spamming of any type
6. Investment Sites (E-Gold Exchange,HYIP, FOREX, Linden Exchange, Second Life/ Pyramid Scheme/ Ponzi, MLM)
7. Gambling Sites/ Lottery
8. MUDs / RPGs / PBBGs
9. Sites promoting hacking activities
10. Bank Debenture Trading Programs/ Bank Debentures
11. Replica Sites/ Fraudulent / Phishing
12. Public Proxies / TOR Exit/ Public VPNs/ Anonymizers
13. TeamSpeak / Mumble
14. Virtual Currency Mining (including but not limited to bitcoin)
15. DDoS-prone applications or booters / flood scripts / IP spoofing
16. Open DNS resolvers / recursors
17. Illegal software key generators /Cracking tools
18. Public Game Servers
19. File hosting services
20. Cardsharing (CCCam or equivalent)
21. P2P or file-sharing networks
22. Adult Content hosting, storing and display
Usage Policy:
1. By agreeing to the terms mentioned below a customer agrees and acknowledges that they will abstain from using our services for:
2. Any violation of any rule, regulation, law, ordinance applicable to any state, federal, national or international.
3. Causing any port scanning, Denial of service attacks, Trojans, viruses, corrupted files, worms or any malicious program or software which would result in the damage or disruption of the system, software, hardware, facilities or networks.
4. Hosting of any software or site that may result in overloading and overburdening of our system or the software that has been provided to you by the company as the part of your service package.
5. Any such practices that fall into the category of child exploitation or child pornography.
6. The promotion or spreading of any piece of information that pose the sentiments of animal or human cruelty, religious, sect or caste hatred or terrorism.
7. Being involved in any personal information dispersion regarding any content related to users without getting prior permission.
8. Publishing, usage or any violation of any illegal hosting or software.
9. Being involved in mail bombing or any spamming that includes the sending of illegal emails to the general public.
10. Being found involved in any illegal or fraudulent activity online including usage or hosting of fishing sites, illicit or deceptive software.
Web Hosting terms and conditions
• Terms and conditions related to service delivery:
As soon as there is the availability of the web hosting service is confirmed, we inform the customer through an automated e-mail to the customer’s provided email address. The company is not responsible in case of non-receiving of the email. We start the invoice on the very date of the launching of web hosting services. We ensure the availability of the service within a few minutes; however, the availability may suffer due to any technical issues. The customer possesses a complete right to cancel the purchase and demand for a full refund if the company fails to deliver the service on time.
• Obligations and liabilities of the customers:
1. It is the sole responsibility of the customer to ensure the security and safety of the data by using a variety of security measures, backing up the data on a regular basis and with the periodical updating of the system.
2. In the case of shared hosting, the company is not responsible for any content on the customer website. As it is in this particular case the sole responsibility of the customer and he/she act as an independent individual.
3. If the customer is using a right or any license no matter provided by whom, he/ she is liable to pay for it. Failure to do so may give us the right to cancel or suspend the services without any preceding notice.
4. By agreeing to our terms and conditions, the customers give us the consent that he will obey all the laws and regulation applicable to the areas of placement of the software. Moreover, if the company found the customer is involved in any forgery, prohibited or fraudulent activity that is considered illegal in the area, he or she will be liable to the suspension of the account. The same goes for the IP address, if the company found any activity being carried on through the IP where the activity seems to be prohibited at the place of IP registration then the account automatically fall into the category of suspended accounts.
5. Only and solely the customer is responsible for the risks that come with his activities on the websites being hosted through his account. We have no responsibility regarding the content being transmitted, shared, collected or posted on the website. Moreover, the customer gives his consent that the will comply with all the rights possessed by the third parties, right regarding intellectual properties, patents, trademarks, and copyrights. We possess the right to only inform the customer regarding the probable legal activities that could happen as a result of their unlawful activities. Furthermore, the company disclaims that the data usage is the sole discretion of the customer and any third party involvement and the company has the right to suspend all accounts of a customer without any preliminary notice.
6. Acknowledgment for the customers with a reseller account or shared hosting:
• You should be careful in using the system resources and should control the usage below 25%. however, this restriction does not apply to the CPU, Disk, Bandwidth capacity, etc. Furthermore, you must not utilize the resource for more than 90 seconds in a 6 hours period.
• Avoid the execution of daemons, bots and server-side processes which are a long run, unattended or stand-alone.
• Avoid the running of Plesk schedule where the intervals are of not more than 15 minutes.
• Avoid all kind of web spiders or indexes.
• The hosting should not be on the AS backup or any other storage devices.
• The files quantity should not be increased by 100, 000.
• Avoid running any queries including SQL, MS or MySQL for more than 15 seconds.
• Avoid the usage of large media files.
• Avoid the sending of 300 messages per hour or 100 messages per hour for the name of the domain.
• Without any SSL server, it becomes tough to use or purchase any IP address.
• It is not allowed in shared hosting to buy a dedicated IP address without SSL certificate installation.
• Similarly, for reseller hosting, it is not allowed to buy a dedicated IP address without SSL certificate installation, also to assign IP to customers.
• The usage should not exceed more than 2GB per database.
7. We create our data back-ups like disaster backup for both share and reseller server data, but we don’t guarantee for the integrity of these backups. These only create for server restoration purpose. It is the responsibility of the hosting user to maintain the local copies of web contents and information. So, for this, " Backup/Restore" the feature is added for each hosting plan. If a data loss error occurs due to issue at our side, we will recover your data free of charges. But it occurs due to clients’ mistake; we will charge$100.00 USD to recover the data.
8. We have the authority to suspend the services without giving any notice with the provisions set out in the T & C, and if users are in breach of any TOS, any applicable law in force or third party rights.
9. We have the right to check and ensure that the customer is using services only according to the contract.
OUTGOING TRAFFIC TERMS:
In the event of spamming and any fraudulent emails sent by the client hosting service, a company will inform the customer through an e-mail and then block the e-mail services of the client with immediate action. The customer may call for the unblocking of the email service once he solves the spamming issue.
If the client found again being involved in spamming, then the company will again block the email service for a relatively long period.
The company will practice the blocking service thrice on the receiving of spamming issues and after that, it reserves the right to refuse any further request of unblocking from the client.
SECURE SHELL (SSH) ACCESS TERMS:
Due to certain security reasons the company choose to keep the SSH disable by default.
If you are in need of SSH, then you have to contact the technical support team and also have to give a viable reason as for why you want that service. The company possesses the right to refuse any customer request for SSH at any time. The most probable reasons would be the availability of other methods to achieve the desired target or if there is an involvement of risk in it. To avail this service, the company will provide the customers with a static IP and then he/she can utilize the SSH service through that IP only.
After the completion of all the terms regarding the usage of SSH, the customer will be awarded the jail access. If the company found the user to be involved in any misuse of the service, the company possesses the right to terminate the access. If the client attempt to use any tool to circumvent this condition it will cause the immediate termination of the customer account.
Dedicated Server, VPS Terms and Conditions:
The sole purpose of defining the terms and conditions regarding the dedicated servers is to inform the clients regarding the financial and the technical conditions and the terms.
Through these terms, the company will define a pathway through which is not only the host or rent out the hosting services.
DELIVERY OF Dedicated Server:
The company will inform the client regarding the availability of the dedicated server through e-mail. The invoicing regarding the use of dedicated server starts effectively on the launch date. The company makes sure to make the server available to the client within 3 days of the payment. However, some dedicated products require more than 3 days for the delivery. To know more, you may visit the product page. If the company fails to provide the client with the requested services within the 7 days, the customer has the complete authority to cancel the purchase order and demand for refund.
In case of renting out the dedicated server by the client to any third party, the IP address will remain static. For all rented servers, the customer remains the administrator and liable to install all the software and applications on the server. In case of any malfunction in the installation or non-availability of the required software only and solely the customer held responsibly.
1. Protection from Dos and Dodos Attacks Terms:
We offer complete protection against any type of DDoS attacks including Denial of Service or Distributed Denial of Service. However, the company does not hold responsible for obliging the providing the means as well. It is highly possible that the tools of protection provided by the company are not able to prevent the interruption or even that the tools are not available at all.
In the case of other computer attacks including exploitation, SQL injection, various security related vulnerabilities, and various others, it is the sole responsibility of the customer to make necessary amendments to their websites.
2. PURPOSE:
We have crafted special conditions for the booking of IP and the usage of these resources, to supplement the general conditions. So, in a situation where there is a conflict between the two found, the special conditions always prevail.
3. DESCRIPTION OF THE ADDITIONAL IP ADDRESS SERVICE:
The client has the facility to ask for an additional IP if he/ she possesses at least one dedicated server or the VPS package. To have an additional IP, a customer only needs to contact the client area. When a customer obtains an IP on any dedicated server of the company it automatically makes him eligible to have a certain number of additional IP of any of the dedicated server or a VPS package. The limits and invoices on the acquisition of the additional IPs keep on updating on a monthly basis on the dedicated server or the VPS package. In the event of a renewal of the IP, the customer will also be charged for all the additional IPs.
4. CONDITIONS FOR ALLOCATING AN IP ADDRESS TO OUR DEDICATED SERVER AND VPS PACKAGES:
The client does not possess any right to sale the IP address provided by the company to any third party. However, the company must offer the option of switching the IP address with any additional IP address. The switching option is not for the clients with VPS packages. To switch the address, the client has to contact the technical team.
The process of switching to the other server would solely depend on the number of IP addresses on a particular server. Whenever an IP is made available, it automatically enlisted in the monthly invoicing of the server.
Every time the customer renews its additional address with the dedicated server the company invoices him/her. If a client demands a switch, the company will not switch before confirming the re-allocation of both original dedicated server and the demanded one. After the due verification, the client has been nominated as the administrator of both the IPs and failure to so leads to the failure of the whole switching process. The company has defined a limit on the acquisition of the additional dedicated server IPs, so the client is expected to understand that there is a limited number of IPs available while switching.
5. Our OBLIGATIONS
It is the responsibility of the company to take all necessary actions for providing the IP address to the customer through a dedicated server. Moreover, it is the sole liability of the company to provide the client with the unlisted IP addresses only. In case of a listed IP address the company has to ensure that necessary measures have been taken to delist the IP address and if the company fails to do so within five working days, then it must provide the client with the new IP address.
6. Our LIABILITY
If any fraudulent or malicious activity takes place through a specific IP address that possesses the threat to the security of the company and general public the company retain the right to block the IP without due informing. By accepting the terms of this agreement the customers present their will of compliance and if any of the terms of the contract found neglected or ignored the company has complete right to take necessary measures.
It is utterly the responsibility of the customer to control all fraudulent and malicious activities to happen through their IP address. In case of a software attack where the customer found to be the victim, it is the responsibility of the company to make necessary moves.
Although we offer additional IP address facility, however, we can refuse to provide one without justifying the reasons for refusal. The customer has no right to demand a reason for the refusal of the additional IP address. There is a large variety of factor that is the probable reason of refusal including spamming, violation of contract, non-availability of resources and many more.
7. CUSTOMER’S OBLIGATIONS AND LIABILITY:
The customers have to oblige the terms and conditions crafted by the company to use the IP address. The client should not be found involved in any spamming to the IP addresses given to him by the company. It is the sole liability of the customer to reverse the additional IP addresses and shall stand liable for the use of the resources provided by us.
8. TERMINATION:
As far as the termination of the IP addresses is concerned, the customer has the right to terminate the addresses at any time by accessing the client area. However, here the customer will have to pay for the IP addresses as long as the IP address has a negative reputation or is blacklisted from any organization. In this situation, the customer has to provide the company with proofs that the website has been delisted and has a good reputation so that the company could be able to resale it.
REFUND TERMS:
1. 30 Days money back guarantee. This offer applied only on cPanel Shared Hosting and Reseller Hosting service, if you would like to cancel your service within 30 days, we will refund the amount without asking any question, the refund excludes (IP address Fees, any purchased License, domain name registration, SSL certificates and also any other add-ons service) even if those are included free in the plan.
2. Domain registration and domain transferred as well as ID privacy protection fees are non-refundable.
3. Dedicated Servers Hosting (Budget Servers, Storage, Backup Servers, Hosting Servers, Game Servers, Enterprise Servers and Infrastructure Servers) including cPanel/WHM, 4 Windows OS, plesk panel, WHMCS or any other software’s licenses as well as managed server fees are non-refundable.
4. VPS Hosting (SSD VPS and Cloud VPS) including cPanel/WHM, Windows OS, plesk panel, WHMCS or any other software’s licenses as well as managed server fees are non-refundable.
5. SSL Certificates ordered as product or add-ons service are non-refundable.
6. All Setup Fees including server management services are non-refundable.