Term of Services Used

All services provided by HOSTnDOMAIN may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless HOSTnDOMAIN.com from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder or host any type of religious content will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support [at] HOSTnDOMAIN.com with the information required.

Detailed Examples of unacceptable content on any web hosting or server:

• Religious Content (any type of religious content and uses texts or rituals of religion to ridicule or shock )
• Political Content
• Music, Songs and Copying of Pirated books, photographs, or any other copyrighted work
• Selling and promoting drugs, any type of medicines, alcohol or tobacco products.
• Running or promoting Lottery / Gambling Websites.
• Hacker focused sites/archives/programs or spreading any type of Viruses
• Sites promoting illegal activities
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Pirated Software/Warez
• Broadcast or Streaming of Live Sporting Events or TV Channels (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, ICC Events etc)
• Forums and/or websites that distribute or link to warez / pirated / illegal content
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• File Dump / Mirror Scripts (similar to rapidshare)
• Mail Bombers / SPAM Scripts
• Proxy Scripts / Anonymizers
• IRC Scripts / Bots
• AutoSurf / PTC / PTS / PPC sites
• IP Scanners
• Bruteforce Programs / Applications / Scripts
• Banner-Ad services (Commercial banner AD rotation)
• Commercial Audio Streaming (more than one or two streams)
• Escrow / Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid Scheme)
• Bank Debentures / Bank Debenture Trading Programs.
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

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HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Host'n'Domain may implement the following policy to its sole discretion:

When a website is found to be monopolizing the resources available Host'n'Domain reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. 

Shared / Reseller Hosting user may not:

• Use 15% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems;
  these include: CGI scripts, PHP, FTP, ASP, .NET, HTTP, etc.
• Run cron entries & scheduled tasks with intervals of less than 15 minutes
• Run any MySQL or MS SQL queries longer than 20 seconds. Make databases tables should be indexed appropriately.
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
• Participate in any file-sharing / peer-to-peer activities.
• 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.
• When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://www.yourdomainname.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 15% 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. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. 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.

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When the Services Will be Available?

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

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REFUNDS

All Web Hosting plans include 15 day money back guarantee. If you are dissatisfied with our service and we are not able to provide what we promised, you will receive a full refund in case of hosting service only. .

 Any request for cancellation must be received via the web form, E-mail and you will receive a confirmation upon the cancellation of your account. No refunds are available after 15 days. 

In case of Free domain Registratiion, All refunds are subject to a domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your hosting account.

In case of Terms Violation

Accounts cancelled/terminated by Host'n'Domain for violating our Terms of Use do not qualify for the 15-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Customer refund requests are to be sent via email or phone within 15 days from service purchase date and will only be processed in the cases of service non-performance or corruption that might be caused by Host'n'Domain's side, Refund requests will not be accepted if it's requested for any cause that's out of Host'n'Domain's side, For example:

• Failure of any third party programs that's not supported by Host'n'Domain's.
• Customer's lack of experience dealing with web basics and communication protocols.

 

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INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Host'n'Domain harmless from all liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host'n'Domain, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or any content or services provided at customer website or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Host'n'Domain against liabilities arising out of :

• any injury to person or property caused by any products sold or otherwise distributed in connection with Host'n'Domain' server;
• any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
• any litigation by customer or third party due to customer website
• copyright infringement and
• any defective products sold to customer from Host'n'Domain' server.

Additionally you agree that any disputes between you and HOSTnDOMAIN.com, including its owners, operators and affiliates will be handled solely by Hostndomain.com and you waive your right to go to court to assert or defend yourself or company. Additionally you waive your right to arbitration, legal action, litigation, including but not limited to class action against HOSTnDOMAIN.com. Under no circumstances will you seek damages of more than the refund amount for remaining period of your domain and webhosting services at HOSTnDOMAIN.com.

Customer accepts full responsibility of any content / script / software / product hosted on his website. HOSTnDOMAIN.com is not responsible or held liable for any content / script / software / product hosted by customer on his website.

If Registrant or Registrant's domain name becomes the subject of litigation or HOSTnDOMAIN gets any complain from any individual or organization against the website then HOSTnDOMAIN.com may suspend domain name or ask customer to transfer his domain and hosting to other service provider within 24 hours. In case of domain transfer to other registrar domain is further renewed for 1 year from the date of expiry by other service provider so no refund will be given for remaining period of domain registration services. However in case of web hosting transfer to other service provider it is renewed from date of transfer so refund for remaining period would be given for web hosting services only.

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DISCLAIMER:
Host'n'Domain will not be responsible for any damages your business may suffer. Host'n'Domain makes no warranties of any kind, expressed or implied for services we provide. Host'n'Domain disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Host'n'Domain and its employees. We strongly recommend all of our customers to do their own backups of website files, database & emails to ensure they have ready access to their data in the event we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Host'n'Domain reserves the right to revise its policies at any time.

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HOSTnDOMAIN.com also reserves the right to cancel your account with 24 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

By using HOSTnDOMAIN.com services you agree to the above terms of service as in effect from time to time.