HostInCity and Customer agree that there are multiple components to their contract.
This ToS;
The Order Form;
Our Acceptable Use Policy (AUP) located here: Acceptable Use Policy
Our Privacy Policy (Privacy Policy) located here: Privacy Policy
Our Service Level Agreement (SLA) located here: Service Level Agreement
Collectively these documents are referred to as the Agreement. They are referred to by their individual names if necessary.
We agree to provide the Services to you as set out in the Agreement during the Term, as defined in this Agreement, provided that you comply with the terms of this Agreement. As long as you are in compliance, we grant you a nonexclusive, nontransferable, nonsublicensable, revocable right to: (i) use and access the Services; and use the Services to provide your offerings to your customers. We agree to provide the Services as they are set out on the Product Page (as defined in this Agreement) as of the Effective Date, subject to the Agreement. We may make non-material changes to the Services from time-to-time, and may substitute Third Party Products with other products having the same, or similar functionality.
You agree to pay us the fees set out on the Order Form during the Term (Fees).
The Fees are your sole and exclusive responsibility. They are non-refundable.
If taxes are assessed on your use of the Services, you agree that we may add them to the Fees, and you agree to pay them. We will not add taxes based on our income.
If we are including products and services from third party providers in the Services, you agree to pay any Fees charged by these providers to us. These Fees are not refundable and are not subject to the Guarantee below. If the fees charged to us by third party providers increase, you agree to pay the proportionate amount of any such increase attributable to the Service.
You understand and agree that your failure to pay the Fees when due, for whatever reason, except for fees that you dispute (which shall be paid promptly upon a determination by us that such Fees are valid) may lead to the suspension and termination of the Services. In some cases, suspension of a Service will lead to the loss of a particular Service permanently. For example, if you fail to pay us, and your domain name registration lapses, you may lose your domain name. We have no liability to you for such a loss based on your failure to pay the Fees. If your account is suspended for non-payment, you will be charged a reinstatement fee of $20.00. In the alternative, if you fail to pay the Fees when they are due, and have not disputed them as provided in this ToS, we will charge you interest in the amount of 1.1% per month, or the highest amount we are allowed to charge by the laws of the state governing this Agreement. You also agree to pay our reasonable costs of collection, including, but not limited to, our reasonable actual attorney's fees. If you initiate a charge-back/chargeback, your Services will be suspended or terminated.
We use good faith efforts to ensure our Fees are accurate. If you believe they are not, you agree to dispute them as set out in this paragraph. All questions about Fees must be presented to us in writing before the Fee is due. Failure to object to any Fees in a timely manner shall be deemed conclusive evidence that such Fees are valid. Your question must be in writing, and contain enough detail for us to investigate the dispute. Our investigation will take a maximum of thirty calendar days. After that period, we will either credit your account with the amount in dispute, or provide you with a written explanation of why the Fee remains due. You have fifteen calendar days to provide us with a written discussion of why our conclusions are incorrect. We will have thirty calendar days to review your discussion. If we agree with your discussion, we will credit your account as set out above. If not, our decision is final.
We are confident that our Services will meet your needs. To underscore this confidence, we have a satisfaction guarantee (Guarantee).
For our Linux Shared, Windows Shared Hosting Services, if you are unhappy with any Service, you may terminate that Service without penalty or charge within 30 days from that Service's Effective Date.
For Windows and Linux VPS and Private Cloud hosting Services, if you are unhappy with any Service, you may terminate that Service without penalty or charge within 5 days from that Service's Effective Date.
Our Guarantee only applies to the Services set out above. In addition, Third Party Products are not within our Guarantee. For example, domain name registrations are not refundable.
Once a payment is made using BitCoin, any refund amount will be credited for that amount to the user's account as a credit balance that can be used for renewal of our services or to purchase any new services from us. It cannot be directly refunded to the subscriber's BitCoin wallet.
Your Order Form may contain a set-up Fee. Set-up Fees are non-refundable for any reason and are not subject to our Guarantee.
We may offer you a discount on the Fee if you agree to pre-payment, or to an extended Term. If you terminate this Agreement for any reason, other than our material breach, or if we terminate it based on your breach or violation of our AUP, you will not receive a refund of pre-paid amounts. If the Fee has been discounted based on your agreement to an extended Term, you agree to pay the balance of the Fee (Early Termination Fee) at the time of termination, as if the full extended Term had been completed. If you have provided us with a credit card, or other form of payment to which we may charge Fees, you agree that we may charge that method of payment for the Early Termination Fee.
Discounts apply only during the initial Term of the Services, and do not renew. Unless expressly stated otherwise, they apply only to new customers.
Promotional codes only apply to the Services set out in their description, and we reserve the right to remove promotional codes if we determine that they have been misapplied.
Some Services may be changed based on your usage of those Services, or based upon third-party usage of such Services through you. The way we calculate these Fees is set out on our Product Pages. You agree to pay these Fees unless we have made an error calculating them, in which case you agree to comply with the Fee dispute provisions of this ToS.
Opening multiple accounts, or Services, to bypass restrictions or overage charges set by us, or to obtain additional discounts reserved for the new customers, is a violation of this Agreement.
We must receive payment of the Fees within thirty days of the date set out on our invoice, or the date set out on our Order Form (Due Date). If there is no Due Date, the Due Date will be on the twenty-eighth day of the month in which the Services are rendered. Fees must be paid without abatement or set-off. You authorize us to automatically charge Fees to the payment method we have on file on or no more than five days prior to the Due Date.
Your order will be subject to fraud screening. As a result, your order may be rejected after you submit it. We have no obligation to provide the Services to you until your order is confirmed by us in writing. Note, that some Services, for example domain name registrations, may not be immediately processed. It is possible that between the time you place an order, the time the order is screened, and the time it is implemented by us, a particular Service or component of the Service may not be available.
We will use commercially reasonable efforts to make the Services fully controlled by us available 99.9% of the time during each monthly billing cycle. If we are unable to meet this service level, we agree to credit your account based on the following SLA standard
97% to 99% uptime = 1 days charges for service
95% to 96.99% uptime = 2 days charges for service
90% to 94.99 uptime = 5 day charges for service
Our SLA does not apply to downtime caused by you, our upstream bandwidth providers, or third parties whose products are included in our Services.
If we provide SLA credits to you, they will be provided to offset future Fees. SLA credits may not exceed the total Fees owed by you in a given month for the Service to which the SLA credit applies. SLA credits may not be aggregated, carried over from month-to-month, bartered, transferred or sold.
Our SLA is your sole and exclusive remedy for defects in the Service.
You must provide accurate and complete information when signing up for our services, including your name, address, email address, and payment information.
You are responsible for maintaining the security of your account and password, and you agree to notify us immediately of any unauthorized access or use of your account.
We make every effort to ensure that our services are available and running smoothly at all times. However, we cannot guarantee uninterrupted access to our services and will not be liable for any downtime or service interruptions.
You agree to use our services in a manner that is lawful and does not infringe on the rights of others. You may not use our services to transmit, store, or distribute any material that is illegal, harmful, or offensive.
We does not allow pornographic material.
We reserve the right to suspend or terminate your account if you violate these terms.
The initial Term during which we agree to provide the Services to you is set out in the Order Form. If the Order Form or Product Page does not contain a Term, the term shall be one year. On the anniversary of the initial Term, and for every anniversary thereafter, the Term shall renew for additional periods equal to the length of the initial Term (the initial term and each subsequent term each referred to herein as a Term).
You may terminate the Services at any time prior to the expiration of the Term by providing us with written notice of this termination. We will acknowledge your notice of termination within five business days. If we do not do so, the Services set out in your notice will not be terminated. If you terminate the Services prior to the end of a Term, you will be charged all the Fees you would have paid if you had completed the Term. If you provide us with notice no later than thirty days prior to the end of a Term that you do not intend to renew the Services, and the notice of termination is acknowledged as set out in this ToS, the Services will be terminated as set out in your notice.
Either party may terminate Services for material breach by providing the other party with written notice of their material breach, sufficient information for the other party to attempt to cure the breach, and two calendar days to begin to cure the breach. If the other party fails to initiate a cure within the two day period, the Services set out in the notice of breach will terminate. Services not affected by the alleged material breach will continue to be subject to this Agreement.
If we notify you that you have violated our AUP (an AUP Notice), and you do not cure this violation within the period set out in such AUP Notice, we may terminate the affected Services, or this Agreement. You remain liable for any Fees owed to-date, along with the balance of any Fees that would have been due for the remainder of the Term. If we suspend the Services while you are complying with our AUP Notice, you may be charged a reinstatement Fee as provided in Section 2(e).
Upon termination, all licenses granted to you in the Agreement will terminate. It is your obligation to ensure that you transition to another provider, including, but not limited to changing email and re-pointing DNS, prior to the date of termination. Upon termination, we are not required to maintain any of your data that remains on our network.
You may not use the Services in a way that jeopardizes (i) our ability to provide them to other customers or (ii) the stability of our network. Should we determine that you have used the Services in this manner, we reserve the right to limit your use of the Services to minimize these effects. Following our limitation of this use, we will notify you in writing of the steps you may take to mitigate these effects. If you do not accept these steps, we reserve the right to impose permanent restrictions or limitations on your use of the Services.
Other than as set out in the paragraph entitled "Our Warranties to You" we make no warranties, and any implied warranties are expressly disclaimed. In particular, we make no warranties whatsoever about the materials posted on our FAQ, support, or other self-help websites. Your use of this information is at your own risk.
EXCEPT AS REQUIRED BY LAW, CUSTOMER'S USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT CUSTOMER'S OWN DISCRETION AND RISK. THE SERVICES ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS," AND EXCEPT AS EXPRESSLY PROVIDED HEREIN. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, AND/OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) AND/OR EQUIPMENT, WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE, OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THAT IS THE CASE, YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTIES, DISCLAIMER OF CONSEQUENTIAL DAMAGES AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK SET OUT IN THIS AGREEMENT ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH WE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. OUR PRICING REFLECTS THIS ALLOCATION OF RISK AND THESE LIMITATIONS.
The use of any HostInCity Services is at the owner's risk. We at HostInCity do not keep backup of dedicated services or the Services bought from us.
The Company is not responsible for backup and it is expected from you to maintain backups. For any files and/or data residing on your account, the Company is not responsible for the same.
Every type of backup and files or data saved on the Company’s resources, the customer agrees to take full responsibility for all files and data transferred and maintain the same.
You agree to enter into a written agreement with your customers, which shall contain provisions that are no less protective of our interests as those set out in this Agreement.
Each of our rights and obligations set out in this Agreement are undertaken as independent contractors. Neither of the parties shall have the right to create an obligation on behalf of the other, unless expressly set out on the Service Order.
If any provision of this Agreement is found to be unenforceable or contrary to law, it will be modified to the extent necessary to make it enforceable. The remaining provisions shall remain in full force and effect. The waiver by a party of any breach or condition of this Agreement will not be construed to be a waiver of any other breach or condition.
The only beneficiaries to this Agreement are the parties. Nothing expressed or implied in this Agreement is intended, nor shall it, confer on any person, other than the Parties and their permitted successors and assigns (as set out in Paragraph 6(k), below), any rights, remedies, obligations or liabilities.
We are not required to provide information to you in conjunction with any civil litigation. If we choose to provide this information to you, it will be subject to a separate agreement, and you will be charged for our expenses in providing this information, including legal fees.
Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than 10 days from the beginning of the event.
Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents, in particular, Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Further:
The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Gujarat, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
THE PARTIES WAIVE THEIR RIGHT TO TRIAL BY JURY.
No waiver of rights under this Agreement, or any of our policies, or other agreement between the parties shall constitute a subsequent waiver of this or any other right under this Agreement.
This Agreement may not be assigned by you. It may be assigned by us.
Notices to you will be sent to the email address set out in our records. Notices to us shall be sent to the address located on our website. Notices shall be effective upon the date of delivery, or, if no delivery date is provided, five days from the date of sending, provided that an additional copy is sent by alternate means.
This Agreement, the Order Form, SLA, AUP, Privacy Policy and/or attachments shall be construed as one document. To the extent that there is a conflict between the terms of these documents and they shall have the following precedence: Privacy Policy, SLA, AUP, Order Form, and then ToS.
This Agreement may be executed in one or more counterparts, transmitted by facsimile and acknowledged electronically each of which shall be deemed an original, but which together shall constitute one and the same document.
We reserve the right to modify these terms and conditions at any time. Any changes will be posted on our website and will take effect immediately upon posting.