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Legal

Terms of Service

1. General - Scope of Application

1.1. The following Terms and Conditions apply to all business relationships between the Customer and Hostomy, a child brand of ZagFox Technologies Pvt. Ltd., also hereinafter referred to as "us/we". These Terms and Conditions are an integral part of all contracts with the Customer. These Terms and Conditions also apply to future services and offers, even if the Customer does not separately agree upon them again.

1.2. The terms and conditions of our customers or third parties are not applicable and are not part of the contract, even if we do not separately object to their application in individual cases.

1.3. We expressly reserve the right to make changes to our Terms and Conditions, System Policies, and prices by giving the Customer prior notification via their customer account or using the email address the Customer enters in their contact information.

1.4. The conditions and policies listed in the preamble apply in the order of precedence listed above.

1.5. Our employees and third parties commissioned by them are not authorized to make verbal agreements or to provide any verbal guarantees or commitments to the Customer.

2. Payments

2.1. Clients shall remit payment for services in advance for the applicable billing cycle. Invoices for domain renewals shall be generated thirty (30) days prior to the renewal date. Invoices for web hosting and cloud server services shall be generated ten (10) days prior to the renewal date.

2.2. A grace period of five (5) days post-renewal date shall be provided. Failure to remit payment within this period shall result in temporary suspension of services. Notification of invoice generation shall be made via SMS (for clients within India) and email.

2.3. Payment methods accepted:

  • Indian clients: Razorpay, Paytm, and Stripe.
  • Clients outside India: PayPal and Stripe (note: payments from unverified PayPal accounts are not accepted).

3. Service Activation

3.1. Services, including Domain Registration, Web Hosting, and Cloud Servers, are typically activated immediately upon payment completion. Delays may occur due to technical issues or if additional information is required from the client.

3.2. Accounts failing initial verification may experience extended activation times. Hostomy shall contact the client for further details required to complete verification.

4. Service Cancellation

4.1. Service cancellation requests must be submitted via a support ticket through the client's Hostomy account.

4.2. No cancellations or refunds shall be provided for domains, service licenses, or other addons.

4.3. Expired domains registered with Hostomy may be recovered during the redemption period upon payment of a redemption fee, exclusive of the registration price for the subsequent year.

5. Service Termination

5.1. Shared hosting accounts that are thirty (30) days past due shall be automatically deleted from Hostomy servers, with no backups provided.

5.2. Cloud servers that are ten (10) days past due shall be automatically deleted, with no backups provided under any circumstances.

6. Service Backups

6.1. Hostomy performs daily backups for all shared hosting accounts, which are stored for a maximum of seven (7) days. The use of backups is at the client's sole risk. Restoration or provision of backups is free unless the hosting service is canceled.

6.2. Hostomy does not guarantee the availability of backups, which may or may not be provided depending on the situation. Clients are strongly advised to maintain local copies of their data and not to rely solely on Hostomy's backup services.

6.3. No backups shall be provided for Cloud Servers unless the client has opted for the backup service. Clients who have not opted for this service must maintain their own backups, as Hostomy will not be responsible for data loss in such cases.

7. Banned Scripts

7.1. The following scripts are banned on Hostomy servers due to adverse effects on server load, security, and other considerations:

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • Nph-proxy and similar scripts
  • UBB (Ultimate Bulletin Board, all versions)
  • Lstmrge.cgi
  • PhpShell
  • FormMail.cgi and FormMail.pl from Matt's Script Archive
  • Torrents
  • Phishing
  • Pornography
  • Nulled Scripts, Plugins, Themes

7.2. Use of nulled scripts may result in the suspension or termination of the client's account without refund.

8. Service Monitoring

8.1. Web hosting servers are monitored 24/7, 365 days a year.

8.2. Monitoring for cloud servers is available as an addon. Hostomy shall open a ticket with a detailed explanation of any issues detected.

9. Data Migration

9.1. Hostomy offers free migration for its web hosting service. The client is responsible for rectifying any issues arising from incorrect setup post-migration.

9.2. If root access to the remote server is not provided, up to twenty-five (25) accounts shall be transferred for free. Additional accounts shall incur a charge based on disk usage.

10. Additional IP

10.1. Hostomy provides additional IP addresses for Cloud servers and dedicated IPs for shared hosting.

10.2. Up to ten (10) IP addresses per Cloud server may be provided, subject to additional information regarding their usage. IP addresses used for spamming shall be suspended immediately.

11. Server Uptime

11.1. Hostomy guarantees 99.9% uptime for its services. Downtime excludes necessary updates and hardware maintenance. Advance notice shall be provided for any updates or maintenance.

12. Acceptable Use Policy

12.1. Clients agree to use Hostomy's services in compliance with all applicable local, state, national, and international laws and regulations.

12.2. Clients shall not use Hostomy's services to engage in any activity that is illegal, harmful, or infringes upon the rights of others. This includes, but is not limited to, the distribution of malware, unsolicited bulk email (spam), and activities related to hacking or unauthorized access to systems.

13. Limitation of Liability

13.1. Hostomy shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, or use, incurred by the client or any third party, whether in an action in contract or tort, arising from the use of our services.

13.2. Hostomy's total liability for damages under this Agreement shall not exceed the amount paid by the client for the services during the twelve (12) months preceding the event giving rise to the liability.

14. Indemnification

14.1. Clients agree to indemnify, defend, and hold harmless Hostomy, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with the client's use of the services, violation of this Agreement, or infringement by the client or any third party using the client's account, of any intellectual property or other right of any person or entity.

15. Governing Law and Jurisdiction

15.1. This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

15.2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Indore, India.

16. Confidentiality

16.1. Both parties agree to keep confidential all information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

16.2. This obligation of confidentiality shall survive the termination of this Agreement.

17. Force Majeure

17.1. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to circumstances beyond the party's reasonable control, including but not limited to acts of God, war, terrorism, strikes, or other industrial disputes, natural disasters, or interruptions in internet services.

18. Severability

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

19. Entire Agreement

19.1. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

20. Waiver

20.1. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

21. Changes in Terms of Service

21.1. Hostomy reserves the right to modify this Agreement without advance notice. Changes shall be posted on the Hostomy website, superseding the previous agreement.

21.2. Clients are responsible for regularly reviewing the Terms of Service for updates.