Terms of Service

By submitting the online order form, Customer hereby agrees to the following:

In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

1. - Customer agrees to pay for hosting services rendered in advance of each service term.
2. - Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
3. - Customer understands that all domain purchases are non-refundable.
4. - Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Customers failing to secure payment within 10 days of notice will incur service interruption.
5. - TnpHost.com reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including this Terms of Service.

Cancellation of Services – Refund Policy

Cancellations and Refunds – TnpHost.com provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:

Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, domain names are nonrefundable.

Cancellations within First 30 Days of Registration. In the event Subscriber cancels the Services within 3 calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees.

Cancellations After 30 Days. Subscriber can cancel his / her services anytime after 30 calendar day but will not be entitled to any refund.

If a subscriber found in violation of TOS, TnpHost.com is not liable to refund any amount even within the first 30 days of taking our services.

Notice of Cancellation. Subscriber agrees to direct all cancellation requests to TnpHost.com via email, mail@tnphost.com. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by TnpHost.com. Subscriber must also confirm to TnpHost.com that all emails, files, and databases are preserved and backed up somewhere other than TnpHost.com server space.

Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a Rs.500 billing service fee.

Prohibited Content

Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in TnpHost.com’s sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) “harvested” addresses or information, (c) “phishing” web sites, (d) “link farms”, (e) “Illegal Pharmacy” or (f) “spamvertising” sites.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host pornography or child pornography or linking to child pornography will be suspended immediately without notice.

Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resoures.

TnpHost.com provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in TnpHost.com’ web pages describing the package of Services purchased at the time of purchase. In some cases, TnpHost.com may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the services and Intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. TnpHost.com reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by TnpHost.com for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by TnpHost.com as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with TnpHost.com.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

TnpHost.com will monitor User’s use of bandwidth, disk usage and other resources. TnpHost.com, in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in TnpHost.com’s sole and absolute discretion.

Unlimited Domains

Unlimited domains refer to sub domains, parked domains and add-on domains. In all cases, the services and Intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. TnpHost.com reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited sub domains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set by TnpHost.com for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by TnpHost.com as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with TnpHost.com.

If TnpHost.com takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If TnpHost.com learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, TnpHost.com may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail.

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. TnpHost.com will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but TnpHost.com does not take responsibility if e-mail notification(s) is not received by the User. TnpHost.com reserves the right to discontinue service for your account in the event that it exceeds the any such allotment.

Resource Usage

User may not: Use 15% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, 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.

1. - Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
2. - Run any software that interfaces with an IRC (Internet Relay Chat) network.
3. - 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.
4. - Participate in any file-sharing/peer-to-peer activities.
5. - Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
6. - Run cron entries with intervals of less than 60 minutes.
7. - No more than 10,000 CPU Seconds a day per account.
8. - No more than 15,000 Script Executions a day per account.
9. - No account should execute scripts slower than 2 seconds.

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”)

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

INODES

The use of more than 30,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 30,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here

Additionally no folder should contain more than 3000 files (INODES).

Payment Gateway Subscription

Refund :: A full refund will be granted on Cancellation of CC Avenue Payment Gateway Subscription. However , if the Documentation is already processed , in such case , if a client ask for cancellation , a processing charge of Rs 800 /- will be deducted from total amount paid and rest amount will be refunded

If the Merchant has already recieved a merchant ID from CC Avenue , No refund will be granted .

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. TnpHost.com investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
3. Executing any form of network activity that will intercept data not intended for the Customer’s server.
4. Circumventing user authentication or security of any host, network or account, including “cracking.”
5. Interfering with or denying service to any user, host, or network other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
6. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
7. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.

Failing to comply with the TnpHost.com’s procedure relating to the activities of Customers on the TnpHost.com’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at Rs. 5000 per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

Email Policy

Mass Mailings: TnpHost.com has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of TnpHost.com whether or not the message actually originated from our network.

Mailing Lists: TnpHost.com’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused TnpHost.com mail servers or TnpHost.com IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a Rs.5000 charge to your account and Rs.1000 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Violation of the above terms will result in one or all of the following:

1. - A warning from via email or phone.
2. - Removal of DNS for the advertised / originating site.
3. - Immediate disconnection of service with no re-activation.
4. - Rs.5000 fee assessed to your account for violation.

Copyright Infringement

TnpHost.com hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation State regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. TnpHost.com will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.

Suspension and Cancellation

TnpHost.com reserves the right to suspend service to any Customer for violation of the Terms of Service. TnpHost.com will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. TnpHost.com reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of Rs.5000 and contract acceleration for all amounts outstanding under the contract term.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold TnpHost.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against TnpHost.com, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TnpHost.com against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with TnpHost.com’s service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on TnpHost.com’s service.

Governing Law This Agreement shall be governed by and construed in accordance with the laws within Lucknow (INDIA), without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

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