Terms of Service

Last Update: 06.10.2024

1. Introduction

Welcome to Hostingtom (Managed by: Jeeban Services India Private Limited) (“we,” “us,” “our,” or “the Company”). By using our website and services, you (“user,” “customer,” or “you”) agree to be bound by the following Terms of Service (“TOS” or “Agreement”). This Agreement governs your use of our hosting services, domain registration, and any other products or services we offer (collectively referred to as “Services”). By using or purchasing our Services, you acknowledge that you have read, understood, and agree to comply with these Terms of Service. If you do not agree with any part of these terms, you should not use our Services.

2. Acceptance of Terms

2.1. Eligibility

To use our Services, you must:

Be at least 18 years old or the legal age of majority in your jurisdiction.

Have the authority to enter into a legally binding contract.

Agree to provide accurate, complete, and current information when registering for our Services.

By using our Services, you represent and warrant that you meet these eligibility requirements.

2.2. Agreement to Terms

Your use of our Services signifies your agreement to these TOS. This Agreement applies to all users of our Services, including visitors, customers, and account holders. You agree that we may, at our discretion, modify or update these TOS at any time. We will notify you of any significant changes via email or through our website. Your continued use of the Services after any modifications constitute your acceptance of the revised terms.

3. Account Registration and Responsibilities

3.1. Account Creation

To access our Services, you must create an account by providing accurate and complete information, including your name, email address, and payment details. You agree to keep this information up to date throughout your use of the Services.

3.2. Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access to your account or any other security breach. You are responsible for all activities that occur under your account, including any actions taken by individuals or third parties who access your account with or without your permission.

3.3. Accurate Information

You agree to provide accurate, complete, and current information during the registration process and at all other times when using our Services. We reserve the right to suspend or terminate your account if we determine that the information you provided is inaccurate, incomplete, or outdated.

4. Use of Services

4.1. Permitted Use

You agree to use our Services for lawful purposes only. You are prohibited from using the Services in any manner that violates applicable laws or regulations, or for any illegal, fraudulent, or harmful purposes. Examples of prohibited uses include, but are not limited to:

Hosting or transmitting content that infringes upon intellectual property rights, including copyright or trademark violations.

Hosting, distributing, or promoting illegal activities, including child exploitation, human trafficking, or illicit drug sales.

Engaging in activities that could harm, disable, or impair the functionality of our Services, such as launching distributed denial-of-service (DDoS) attacks, hacking, or introducing malicious software.

4.2. Content Ownership

You retain ownership of any content that you create, store, or transmit using our Services. However, by using our Services, you grant us a non-exclusive, worldwide, royalty-free license to store, display, and distribute your content solely for the purpose of providing and improving our Services. You are solely responsible for the legality, accuracy, and appropriateness of any content you upload or transmit through our Services. We reserve the right to remove any content that we believe, in our sole discretion, violates this Agreement, applicable laws, or the rights of third parties.

4.3. Resource Usage

Your use of the Services must comply with the resource limits specified in your hosting plan. These resources include, but are not limited to:

Bandwidth

Disk space

CPU usage

Memory usage

We reserve the right to monitor your account’s resource usage. If your account exceeds the limits of your hosting plan, we may take action, such as suspending or terminating your Services, or requiring you to upgrade to a higher-tier plan.

4.4. Backups

While we may offer automated backup services, you are solely responsible for maintaining your own backups of any content, data, or files that you store using our Services. We do not guarantee that backups will be available, complete, or current. You agree to maintain your own independent backups to ensure data protection.

5. Billing and Payment

5.1. Fees

By using our Services, you agree to pay the fees associated with your selected hosting plan, domain registration, or any other Services you purchase. Fees are outlined in the pricing section of our website and are subject to change at any time. All fees are billed in INR / USD unless otherwise stated. Taxes and additional charges may apply, depending on your jurisdiction.

5.2. Billing Cycle

Fees for our Services are billed on a recurring basis, depending on the billing cycle you selected during registration (e.g., monthly, annually). Your billing cycle starts on the date of your purchase and recurs based on the duration of your selected plan. You agree that we may automatically charge your payment method on file at the beginning of each billing cycle unless you cancel your Services before the renewal date.

5.3. Payment Methods

We accept various payment methods, including credit cards, PayPal, and bank transfers. By providing payment information, you authorize us to charge the applicable fees to your chosen payment method. You are responsible for ensuring that your payment information is accurate and up to date. If your payment fails or is declined, we may suspend or terminate your Services until payment is received.

5.4. Late Payments

If we do not receive payment by the due date, your account may be subject to late fees or service suspension. We reserve the right to charge a late fee of 25% of the overdue amount or the maximum amount allowed by law, whichever is lower. If your account remains unpaid for an extended period, we may terminate your Services and delete your account data permanently.

5.5. Refunds

Our refund policy is governed by our [Refund Policy], which outlines the conditions under which refunds may be granted. In general, refunds are not available for domain registrations, SSL certificates, or other third-party services. For eligible services, you may request a refund within the 7-day money-back guarantee period.

6. Termination and Suspension

6.1. Termination by You

You may terminate your account and Services at any time by submitting a cancellation request through our website or by contacting our support team. Cancellation requests must be made before your next billing cycle to avoid being charged for the next term. Upon termination, we will deactivate your account and delete any data associated with your account, unless otherwise required by law or permitted by this Agreement.

6.2. Termination by Us

We reserve the right to terminate or suspend your account at any time, with or without notice, for any of the following reasons:

Violation of these TOS, our Acceptable Use Policy, or any applicable laws.

Failure to pay fees when due.

Engaging in fraudulent or illegal activities.

Abusive or harmful behavior toward our staff or other users.

If your account is terminated for any of the above reasons, you are not eligible for a refund, and we may permanently delete your data.

6.3. Data Retention

Upon account termination, your data may be permanently deleted from our servers. You are responsible for ensuring that you have downloaded any necessary data before terminating your account. We are not responsible for any loss of data after account termination.

6.4. Service Suspension

We may suspend your Services temporarily for reasons such as scheduled maintenance, security updates, or violation of these TOS. We will provide notice of service suspensions where possible. During a suspension, you may not have access to your account or data.

7. Intellectual Property

7.1. Ownership of Intellectual Property

All intellectual property rights in the Services, including but not limited to software, designs, trademarks, and content provided by us, remain the exclusive property of Hostingtom (Managed by: Jeeban Services India Private Limited). You may not reproduce, distribute, or use any intellectual property owned by us without our express written consent.

7.2. User Content

As a user, you retain ownership of any content you upload or create using our Services. However, by using the Services, you grant us a non-exclusive, worldwide, royalty-free license to host, store, and display your content for the purpose of providing the Services. You are solely responsible for ensuring that your content does not infringe the intellectual property rights of third parties. We reserve the right to remove any content that we believe infringes upon third-party intellectual property rights.

8. Disclaimer of Warranties

8.1. “As-Is” Basis

Our Services are provided on an “as-is” and “as available” basis, without any warranties or conditions of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

8.2. No Warranty of Results

We do not guarantee that the use of our Services will meet your expectations, generate any specific results, or lead to any particular outcomes. You acknowledge that hosting services are subject to potential interruptions, delays, and other risks inherent in the use of the internet.

8.3. Limitation of Liability

To the fullest extent permitted by law, we disclaim all liability for any damages, including but not limited to:

Direct, indirect, incidental, or consequential damages.

Loss of data, revenue, or profits.

Business interruption or other commercial damages.

Our liability for any claims arising out of or related to these TOS or the use of our Services will not exceed the amount you paid for the Services during the 12-month period preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Hostingtom (Managed by: Jeeban Services India Private Limited), its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising out of or related to your use of the Services, your violation of these TOS, or your violation of any rights of a third party. This indemnification obligation survives the termination of your account and use of the Services.

10. Privacy and Data Protection

10.1. Privacy Policy

Our use of your personal data is governed by our [Privacy Policy], which outlines how we collect, use, and protect your information. By using our Services, you consent to the collection and use of your data in accordance with our Privacy Policy.

10.2. Data Security

We take data security seriously and implement reasonable measures to protect your personal and account data. However, no method of transmission over the internet or electronic storage is 100% secure. You acknowledge that there are inherent risks in using online services, and we cannot guarantee absolute security.

11. Dispute Resolution

11.1. Governing Law

This Agreement is governed by and construed in accordance with the laws of INDIA, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts in INDIA.

11.2. Arbitration

In the event of a dispute between you and Hostingtom (Managed by: Jeeban Services India Private Limited), we agree to attempt to resolve the dispute through negotiation. If the dispute cannot be resolved, it may be submitted to binding arbitration in accordance with the rules of [Arbitration Institution]. The arbitration will take place in INDIA.

11.3. Class Action Waiver

By using our Services, you agree to waive your right to participate in any class action lawsuits or class-wide arbitration. Any claims must be brought on an individual basis.

12. Miscellaneous Provisions

12.1. Force Majeure

We are not liable for any delays or failure to perform our obligations under this Agreement due to events beyond our control, including but not limited to acts of God, war, terrorism, natural disasters, or governmental actions.

12.2. Severability

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

12.3. Entire Agreement

These TOS, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Hostingtom (Managed by: Jeeban Services India Private Limited) and supersede any prior agreements or understandings.

12.4. No Waiver

Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other rights under this Agreement.

11. Contact Information

If you have any questions about this Refund Policy or need assistance with a refund request, please contact us at:

Email:

support@hostingtom.com

Address:

Hostingtom
C/O: Jeeban Services India Private Limited
Markona, Balasore, Odisha
India
756126

Phone:

+91-8018-069-059 We are committed to providing excellent customer service and will do our best to resolve any issues promptly and fairly.