This Agreement is between Hostaxis Network Pvt Ltd and the person/persons who use our services. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

1.) SERVICES

Hostaxis Network Pvt Ltd agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs unlike many other web hosting companies.

2.) TERMS

To customers who go over the limit of their account will be sent an e-mail with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems.

3.) PAYMENTS

Renewal notices are e-mailed few days before the actual renew date in your account. If you are using a credit card, you will not have to worry about manual payments. All accounts are set up on a pre-pay basis Hostaxis Network Pvt Ltd reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice, or exceeding this time frame in any way, is subject to suspension. You are responsible for all fees owed on the account, from the time it was established to the time that you notify Hostaxis Network Pvt Ltd to request for termination of services are non-refundable if your account does not follow our terms of service/acceptable usage policy.

4.) CANCELLATION

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

5.) SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of Hostaxis Network Pvt Ltd, is strictly prohibited!

Hostaxis Network Pvt Ltd 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 theft
  • Security hole scanning, etc.

Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to Hostaxis Network Pvt Ltd, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE:     Hostaxis Network Pvt Ltd has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below without warning or prior notice. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

5.1.) You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are not limited to:

  • Bulk e-mailing
  • Unsolicited e-mailing
  • Newsgroup spamming
  • Upload scripts (Rappidleach)
  • Pornographic content
  • Illegal content
  • Copyright infringement
  • Video Streaming
  • Trademark infringement
  • Warez sites (including links to/from)
  • Cracks
  • Software serial numbers
  • Proxy-relaying
  • Link farming (the act of or by use of scripts)
  • Link grinding
  • Link-only sites
  • Spamdexing
  • FFA (Free-For-All) and/or anything else determined by Hostaxis Network Pvt Ltd to be unacceptable use of our services, including abuse of server resources.

5.2.) WEB APPLICATIONS AND WEB ACCESSIBLE SCRIPTS

All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. You are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

5.3.) Shared hosting accounts may also be terminated if it includes the following content or have links to the following content:

  • Providing material that is grossly offensive to the Web community, including blatant expressions of bigotry
  • Racism
  • Hatred or profanity
  • Promoting or providing instructional information about illegal activities
  • Promoting physical harm or injury against any group or individual
  • Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers)
  • Displaying material that exploits children under 18-years of age
  • Acts of copyright infringement, including offering pirated computer programs or links to such programs
  • Information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

6.) DISK SPACE ABUSE

Disk space of the hosting space is intended for normal use only, and is limited to web files, e-mail and content of the hosted web sites, not for storage of media, backup files or other data nor for the sole purpose of mass e-mail/solicitation. Hosting space may not be used as off site storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits, allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. Hostaxis Network Pvt Ltd reserves the rights to remove immediately any abusive content without notice that disturbes the normal function of our servers. Hostaxis Network Pvt Ltd will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space, contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Hostaxis Network Pvt Ltd client account.

7.) BANDWIDTH ABUSE

The intention of Hostaxis Network Pvt Ltd is to provide a unlimited bandwidth to transfer web documents, and not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 24 hours to remedy the problem. Failure to do so will result as removing the abusive content, or etc.

8.) RESOURCE USAGE

User may not:

  • Use 25% or more of system resources for longer then 2 min. There are numerous activities that could cause such problems (these include: CGI scripts, FTP, PHP, HTTP and etc.)
  • Run stand-alone, unattended server-side processes at any point in time on the server (this includes any and all daemons, such as IRCD)
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer(P2P) activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942 and etc.
  • Run cron entries with intervals of less than 10 minutes.
  • Run any MySQL queries longer than 60 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
  • To help reduce usage, do not force html to handle server-side code (like php and shtml).
  • Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypt`ed communications.
  • Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.

9.) CUSTOMER INFORMATION

Customer represents and warrants to Hostaxis Network Pvt Ltd that the information he, she or it has provided and will provide to Hostaxis Network Pvt Ltd for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Hostaxis Network Pvt Ltd that he or she is at least 18 years of age. Hostaxis Network Pvt Ltd may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

10.) UNSOLICITED MESSAGING, EMAILING & SPAMMING BY ANY OTHER MEANS

Unsolicited commercial advertisements ("SPAM") are not allowed. Hostaxis Network Pvt Ltd takes a zero-tolerance approach to SPAM originating from it's servers or for spam advertising of domains hosted within our network.Your account will be suspended until you take actions to remove the violation(spam). If you don't remove it within 48 hours, your account will be removed.

10.1.) The following activities are not allowed:

  • SPAM, which includes, but is not limited to, bulk mailing, messaging of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain);
  • Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing")
  • Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists and messeaging platform. Inappropriate posting may result in account susupension. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such
  • Mails, messages may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

NOTE:     If YOU use the services of another provider to promote a website hosted by or through Hostaxis Network Pvt Ltd ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

11.) You agree to defend, indemnify and hold harmless Hostaxis Network Pvt Ltd against liabilities arising of:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with Hostaxis Network Pvt Ltd's server
  • Any material supplied by the customer, allegedly infringing on the proprietary rights of a third party
  • Copyright infringement
  • Any defective products sold to customer from Hostaxis Network Pvt Ltd's server

12.) DISCLAIMER OF WARRANTIES

Hostaxis Network Pvt Ltd does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law, Hostaxis Network Pvt Ltd disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.

13.) LIMITATION OF DAMAGES

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Hostaxis Network Pvt Ltd and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

14.) SUSPENSION OF SERVICES/TERMINATION

Customer agrees that Hostaxis Network Pvt Ltd may suspend services to customer without notice and without liability if:

  • Hostaxis Network Pvt Ltd reasonably believes that the services are being used in violation of the our Terms
  • Customer fails to cooperate with any reasonable investigation of any suspected violation of the Terms
  • Hostaxis Network Pvt Ltd reasonably believes that the suspension of service is necessary to protect it's network or it's other customers
  • As requested by a law enforcement or regulatory agency, customer shall pay Hostaxis Network Pvt Ltd reasonable reinstatement fee if service is Hostaxis Network Pvt Ltd following 4th suspension in a row for the same violation of service under this subsection.

15.1.) The agreement may be terminated by customer prior to the expiration of the initial term or any renewal term without further notice and without liability if Hostaxis Network Pvt Ltd fails in a material way to provide the service in accordance with the terms of the agreement and does not cure the failure within ten (10) days of customer's written notice describing the failure in reasonable detail.

15.2.) If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the issue with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

16.) REQUEST FOR CUSTOMER INFORMATION

Customer agrees that Hostaxis Network Pvt Ltd may, without notice to customer

  • Report to the appropriate authorities any conduct by customer or any of customer's customers or end users that Hostaxis Network Pvt Ltd believes violates applicable law
  • Provide any information that it has about customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on it's face meets the requirements for such a request

17.) BACK UP COPY

Customer agrees to maintain a current copy of all content hosted by Hostaxis Network Pvt Ltd notwithstanding any agreement by Hostaxis Network Pvt Ltd to provide back up services.

18.) REQUEST FOR RESTORE OF HOSTING PACKAGE

During any service term, customer may request up to one free restore for any reason of choice.

19.) CHANGES TO Hostaxis Network Pvt Ltd's NETWORK

Upgrades and other changes in Hostaxis Network Pvt Ltd's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of customer's hosted content and/or applications. Hostaxis Network Pvt Ltd reserves the right to change it's network in its commercially reasonable discretion, and Hostaxis Network Pvt Ltd shall not be liable for any resulting harm to Customer.

20.) NOTICES

Notices to Hostaxis Network Pvt Ltd under the agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or it's notice address by a notice given in accordance with this Section.

21.) FORCE MAJORED

Hostaxis Network Pvt Ltd shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond Hostaxis Network Pvt Ltd's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

22.) GOVERNING/LAW DISPUTES

The agreement shall be governed by the laws of the India, as applicable.

23.) COPYRIGHT FILES

All files stored on Hostaxis Network Pvt Ltd's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within your account, the files will be subjected to deletion.

24.) CANCELATION OF SERVICE

Hostaxis Network Pvt Ltd reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Hostaxis Network Pvt Ltd if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to you.

25.) PROMOTIONAL RATES & SPECIAL OFFERS

Hostaxis Network Pvt Ltd may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your services. Any such promotions or modifications shall not effect yourobligations under this agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this agreement, shall govern. Different promotional fees and special offers may not be combined together.

26.) NETWORK SECURITY

Customers may not use the Hostaxis Network Pvt Ltd network with an 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 a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. you may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Hostaxis Network Pvt Ltd will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

27.) STATIC & DYNAMIC CONTENT CACHING

You expressly:

  • Grant to Hostaxis Network Pvt Ltd a license to cache the entirety of your website, including content supplied by third parties, hosted by Hostaxis Network Pvt Ltd under this agreement
  • Agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights

28.) IP ADDRESS OWNERSHIP

Hostaxis Network Pvt Ltd shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Hostaxis Network Pvt Ltd. Hostaxis Network Pvt Ltd reserves, in it's sole discretion, the right to change or remove any and all such IP numbers and addresses.

29.) DOMAIN NAME REGISTRATION

You agree to pay Hostaxis Network Pvt Ltd prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Hostaxis Network Pvt Ltd price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term.You must have valid and current information on file with your domain name registrar for any domain hosted on the Hostaxis Network Pvt Ltd network.

29.1.) TRANSFER DOMAIN REGISTRAR TO Hostaxis Network Pvt Ltd

You agree to pay Hostaxis Network Pvt Ltd prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Hostaxis Network Pvt Ltd price schedule for the initial transfer request of the domain name. You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

  • No response from the Registered Name Holder or Administrative Contact
  • Domain name in Registrar Lock Status
  • Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

NOTE:     Hostaxis Network Pvt Ltd reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at it's sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an e-mail from Hostaxis Network Pvt Ltd to the e-mail address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Hostaxis Network Pvt Ltd) in connection with the payments of the registration fee for your domain name registration, you agrees and acknowledges that the domain name registration shall be transferred to Hostaxis Network Pvt Ltd as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Hostaxis Network Pvt Ltd will reinstate your domain name registration solely at Hostaxis Network Pvt Ltd discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

29.2.) Transfer domain away from Hostaxis Network Pvt Ltd

Hostaxis Network Pvt Ltd reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

  • No response from the Registered Name Holder or Administrative Contact
  • Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
  • Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

NOTE:     You agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Hostaxis Network Pvt Ltd will not be held liable for the failure of a domain name transfer for any reason. Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

30.) LAWFUL PURPOSE

Hostaxis Network Pvt Ltd reserves the right to refuse service to anyone. You may only use Hostaxis Network Pvt Ltd server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in India, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Hostaxis Network Pvt Ltd management.

If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Hostaxis Network Pvt Ltd may disclose any and all your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

31.) PRIVACY STATEMENT

Hostaxis Network Pvt Ltd follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

32.) What is Appropriate Usage?

Hostaxis Network Pvt Ltd is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

shared web hosting service, which means that a number of customer's web sites and other e-mail or storage services are hosted from the same server. Hostaxis Network Pvt Ltd uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customer's sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

32.1.) OFFENSIVE CONTENT

You may not publish or transmit via Hostaxis Network Pvt Ltd's service any content that Hostaxis Network Pvt Ltd reasonably believes:

  • Constitutes child pornography
  • Constitutes 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 Hostaxis Network Pvt Ltd
  • Is otherwise malicious, fraudulent, or may result in retaliation against Hostaxis Network Pvt Ltd by offended viewers

Hostaxis Network Pvt Ltd does not accept material such as:

  • Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites
  • Content "published or transmitted" via Hostaxis Network Pvt Ltd's service includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any internet service provided by Hostaxis Network Pvt Ltd

NOTE:     Hostaxis Network Pvt Ltd can terminate service for any of the above reasons and it's at Hostaxis Network Pvt Ltd's sole discretion to issue a refund

32.2) SECURITY

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically. In order to improve your password security, we recommend your password to apply the following policy:

  • Must be at least 6 characters
  • Must contain at least one capital letter
  • Must contain at least one special character (!@#$%^&)
  • Must contain at least one digit

32.3.) BULK COMMERICAL E-MAIL

Bulk commercial e-mail, mailing lists and e-mail reflectors are allowed on Hostaxis Network Pvt Ltd's servers, we do however allow a maximum of 300 e-mails per hour per account. For any e-mails sent from your Hostaxis Network Pvt Ltd account you must adhere to the following rules:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given
  • You may not obscure the source of your e-mail in any manner
  • You otherwise comply with the CAN SPAM Act and other applicable law

These policies apply to messages sent using your Hostaxis Network Pvt Ltd service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Hostaxis Network Pvt Ltd service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all it's customers