Terms
and Conditions / Acceptable User Policy
Disclaimer
HimachalHost.com will not be responsible for any damages
your business may suffer. HimachalHost.com makes no warranties
of any kind, expressed or implied for services we provide.
HimachalHost.com disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of
data resulting from delays, non-deliveries, hardware or software
failures, hacking, wrong delivery, and any and all service
interruptions caused by HimachalHost.com and its employees.
Your use of the service is at your sole risk. HimachalHost.com
is not responsible for any files and data residing on your
account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of
files and data stored on HimachalHost.com servers.
We reserve the right to refuse service to anyone and any
material stored in or going out of a account, which in our
judgment, is obscene or threatening is prohibited and will
be removed from our servers with or without notice.
When you open your HimachalHost.com Hosting account, you
join two communities. First is the community formed by our
network and our customers; the second community is the one
made up of all networks and users connected to each other
to form the Internet. Becoming a member of these communities
gives you certain rights and privileges, but also imposes
certain duties and responsibilities.
HimachalHost.com Hosting has established an Acceptable Use
Policy in order to make these duties and responsibilities
more clear. This document is intended to provide a general
understanding of HimachalHost.com Hosting 's Acceptable Use
Policy. The following factors guide the establishment and
enforcement of HimachalHost.com Hosting 's usage policies:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network,
as well as the networks and systems of others Comply with
existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet
services
- Preserve the value of Internet resources as a conduit
for free expression and exchange of information Preserve
the privacy and security of individual users
Resource Usage :
Users may not initiate the following:
a) Use 20% or more of system resources for longer then 60
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services are
fully allowed.
c) Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all daemons,
such as IRCD.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
f). You cannot offer services to third parties that are run
off of HimachalHost.com servers.
g).You cannot not Run or offer an email server offering free
or paid email accounts on our server to the general public.
h). You cannot Operate a online radio and or movie show, that
uses our servers.
i). You will not Run Scripts to Download any data from third
party servers, this causes enough loads on our server to disrupt
the service to other users and use of any such leech script
is strictly prohibited.
J). You cannot Run scripts or programs which would affect
security of our or other servers on the network.
K). Illegal uploads/Downloads: The use of Warez in any form,
mp3 files(MPEG-1 Audio Layer 3 or in any changed file extensions
form of such files), video files that you are not the artist
or owner of, and all other forms of copyrighted softwares'
that you are not legally allowed to store/use/distribute are
all examples of violation of this Acceptable Use Policy.
L). Few examples of unacceptable sites and material include:
IRC Bots,
Proxy Scripts / Anonymizers,
Pirated Software / Warez, and ".img" / image hosting
only sites that do not host an actual domain name/s,
Escrow services, High-Yield Interest Programs (HYIP) or related
sites, Investment sites (FOREX, egold exchange), Auto Surf
sites, Bank Debentures, Bank Debenture Trading Programs, Prime
Bank/s Programs, lottery sites of any kind, muds / rpg's,
or sites promoting illegal activities
HimachalHost.com Hosting intends to provide its customers
access to everything the Internet has to offer. While HimachalHost.com
Hosting is firmly committed to the principles of free speech,
certain activities are damaging to the resources of both HimachalHost.com
Hosting and the Internet and cannot be permitted under the
guise of free speech. The resources of HimachalHost.com Hosting
and the Internet are limited, and abuse of these resources
by one user has a negative impact on the entire community.
If a HimachalHost.com Hosting account is used to violate
the Acceptable Use Policy, we reserve the right to terminate
or suspend your service without notice and you agree to indemnify
HimachalHost.com Hosting and its affiliates against any claims
threatened or brought by third parties as a result of your
violation of this Acceptable Use Policy and/or the content
of your website.
If an account is suspended for violation of our terms, HimachalHost.com
reserves the right to charge the holder of the account a sum
of Rs.5000($109) as clean up or Administration fee.
Resellers are responsible for any violation of terms and
conditions / acceptable user policy on or under their Account,
HimachalHost.com reserves the right to Cancel any such reseller
account without any prior notice if multiple violations are
noticed in any given period of time.
We prefer to advise customers of inappropriate behavior and
any necessary corrective action.
However, violations of the Acceptable Use Policy will result
in immediate termination or suspension of service. Our failure
to enforce this policy, for whatever reason, shall not be
construed as a waiver of our right to do so at any time.
All disputes are Subject to Dharamsala, Himachal Jurisdiction
Courts Only.
Limitation of Liability:
HimachalHost.com will not be liable for loss caused to you
or your business due to circumstances beyond the control of
HimachalHost.com Like Direct Loss of Data and Back up data
at the any level including Data Centre. HimachalHost.com can
only provide you a Fresh Account on a different Server with
same amount of web space without backup of any Files lost
during this move.
Any Losses Incurred Due to Suspension of Account, HimachalHost.com
is not Liable to Pay for any losses incurred by you or your
business during the suspension period.
If you have any questions regarding this policy, please contact
us at abusereport@HimachalHost.com
General Information
HimachalHost.com Hosting customers are prohibited from transmitting
on or through any of
HimachalHost.com Hosting 's services, any material that is,
in HimachalHost.com Hosting 's sole discretion, unlawful,
obscene, threatening, abusive, defamatory, libelous, or encourages
conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local, state,
federal or international law.
In general, you may NOT use your HimachalHost.com Hosting
account:
In a manner which violates any law, regulation, treaty or
tariff;
In a manner which violates the rules, regulations and policies
of any network, server, web site, database or service provider
that you access through your HimachalHost.com Hosting account;
In a manner which is defamatory, fraudulent, indecent, offensive
or deceptive;
To threaten, harass, abuse or intimidate others;
To damage the name or reputation of HimachalHost.com Hosting
, its parent, affiliates and
subsidiaries;
To break security on any computer network, or to access an
account which does not belong to you; or In a manner which
interferes with other customers' use and enjoyment of the
services provided by HimachalHost.com Hosting .
HimachalHost.com Hosting 's services may only be used for
lawful purposes. Transmission,
distribution, or storage of any information, data or material
in violation of United States or 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 any other statute. HimachalHost.com Hosting
's reserves the right to remove such illegal material from
its servers or to immediately terminate your services.
The customer is responsible for keeping his billing data
with HimachalHost.com Hosting up-to-date and accurate. Furnishing
false data on any contract or application, including fraudulent
use of credit card numbers, is grounds for immediate termination,
and may subject the offender to civil or criminal liability.
HimachalHost.com Hosting reserves sole discretion to determine
whether any use of the service is a violation of this policy.
Guidelines for using your account follows. This information
is only a
guideline, and is not intended to be all-inclusive.
Electronic Mail Certain HimachalHost.com Hosting accounts
give you the ability to send and receive electronic mail.
Misuse of electronic mail may result in termination of service.
The following examples are
non-exclusive and are provided for your guidance.
You may not use your account to send unsolicited bulk or
commercial messages ("spam"). This includes, but
is not limited to, bulk mailing of commercial advertising,
informational announcements, charity requests, petitions for
signatures, and political or religious tracts. Such messages
may only be sent to those who have explicitly requested it.
You may not use your account to collect responses from unsolicited
bulk or commercial e-mail sent from accounts with other providers.
Forging, altering or removing electronic mail headers is
prohibited.
You may not send numerous copies of the same or substantially
similar message, nor may you send very large messages or files
to a recipient, with the intent to disrupt a server or account
("mail bombing").
You may not use electronic mail to harass or intimidate others.
Harassment, whether through language, frequency of messages,
or size of messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient asks
to stop receiving e-mail, you must not send that person any
further messages. You may not forward or otherwise propagate
chain letters, whether or not such messages solicit money
or other items of value, and whether or not the recipient
wishes to receive such mailings.
Any amount of mail exceeding 120Mails/hour would be considered
bulk mailing and lead to termination of account with/without
prior notice.
HimachalHost.com Hosting accounts may not be used to collect
replies to messages sent from another Internet service provider
if those messages violate this Acceptable Use Policy or the
acceptable use policy of the other service provider.
If you use the services of another provider to promote a
web site hosted by or through HimachalHost.com Hosting , then
the provisions of this Acceptable Use Policy shall apply to
themethods used to promote such site.
Web Sites-
HimachalHost.com Hosting provides storage space and access
for web sites through its Web Hosting services. In addition,
dedicated accounts may provide for the hosting of web sites.
HimachalHost.com Hosting might routinely monitor the contents
of your web sites.
You are solely responsible for any information contained
on your web site. However, if complaints are received regarding
language, content or graphics contained on your web site,
HimachalHost.com Hosting may, at its sole discretion, remove
the web site hosted on HimachalHost.com Hosting servers and
terminate your Web Hosting service. You agree to promptly
reimburse HimachalHost.com Hosting for any reasonable expenses
it incurs (including attorney's fees) in defending itself
form third party claims relating to any of the content (whether
created by you, your customers or your users) contained on
your website.
You may not use your web site to publish material which HimachalHost.com
Hosting determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy, "material"
refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video recordings,
and audio recordings.
Unlawful content is that which violates any law, statute,
treaty, regulation, or lawful order. This includes, but is
not limited to: obscene material; defamatory, fraudulent or
deceptive statements; threatening, intimidating or harassing
statements, or material which violates the privacy rights
or property rights of others (copyrights or trademarks, for
example).
Indecent content is that which depicts sexual or excretory
activities in a patently offensive matter as measured by contemporary
community standards.
Objectionable content is otherwise legal content with which
HimachalHost.com Hosting concludes, in its sole discretion,
it does not want to be associated in order to protect its
reputation and brand image, or to protect its employees, shareholders
and affiliates.
Examples of prohibited web site content:
Materials which hold HimachalHost.com Hosting including its
affiliates, employees or shareholders up to public scorn or
ridicule.
Materials which encourage the commission of a crime; or which
tends to incite violence; or which tends to degrade any person
or group based on sex, nationality, religion, color, age,
marital status, sexual orientation, disability or political
affiliation. Security
Any site that offers hostess or free or fee based hosting
accounts under the sub domain of its
master account. These types of sites severely degrade system
performance and are NOT allowed.
You are responsible for any misuse of your account, even
if the inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps
to ensure that others do not gain access to your account.
In addition, you may not use your account to breach security
of another account or attempt to gain unauthorized access
to another network or server.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or
security of any host, network or account ("cracking").
This includes, but is not limited to, accessing data not intended
for you, logging into or making use of a server or account
you are not expressly authorized to access, or probing the
security of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
You may not attempt to interfere with service to any user,
host, or network ("denial of service attacks").
This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
Users who violate systems or network security may incur criminal
or civil liability. HimachalHost.com Hosting will cooperate
fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
Network Management
You are responsible for ensuring that the services obtained
from HimachalHost.com Hosting are used in an appropriate manner
by your customers and users. Therefore, you must take steps
to manage the use of the services obtained from HimachalHost.com
Hosting in such a way that network abuse is minimized. You
must also make information publicly available about how to
contact you, and you must respond in a timely manner to complaints
concerning misuse of the services obtained from HimachalHost.com
Hosting . Failure to responsibly manage the use of the services
obtained from HimachalHost.com Hosting may be cause for termination
of services to you.
You must designate one or more individuals ("Contacts")
to be responsible for every host, IP network or subnet connected
to the Internet through the use of the services. You must
provide Contact names, phone numbers, and postal and e-mail
addresses ("Contact Information") to any and all
appropriate Domain Name Registrars prior to the initial network
connection of your service. You must keep Contact Information
updated and accurate at all times. Changes in the Contact
Information must be sent to the appropriate Domain Name Registrars
in a timely manner.
Contacts must have the authority, access and tools necessary
to configure, operate and control access to your systems.
For important timesharing hosts, primary domain name servers
and mail relays or gateways, Contacts must be accessible to
HimachalHost.com Hosting via telephone 24 hours a day, 7 days
a week.
Every customer who allows third party access to the services
provided by HimachalHost.com Hosting , whether such third
parties are employees, users or customers, must maintain a
postmaster address for the receipt of complaints by e-mail.
Messages delivered to the postmaster address must be reviewed
and handled in a timely manner.
Network Performance
HimachalHost.com Hosting accounts operate on shared resources.
Excessive use or abuse of these shared network resources by
one customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in
termination or suspension of your account without notice.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You
may not use resource-intensive programs which negatively impact
other customers or the performance of HimachalHost.com Hosting
systems or networks. HimachalHost.com Hosting reserves the
right to terminate or limit such activities.
Internet Relay Chat
You may not use IRC scripts or programs that interfere with
or deny service to other users on any other server, host,
network or channel. IRC BOTS ARE PROHIBBITED.
You may not engage in activities which harass other users.
This includes, but is not limited to, "flooding"
(rapidly entering text with the intent to disrupt service),
"flashing" (disrupting terminal emulation), "takeovers"
(improper seizing and abuse of operator privileges), attempting
to send private messages to those who do not wish to receive
them, attempting to return to a channel after being banned
from it, and other disruptive behaviors.
You may not attempt to impersonate other users. The use of
nicknames does not constitute impersonation. You may run "clones"
(multiple simultaneous IRC connections) and "robots"
only as permitted by the host IRC server.
Illegal Activity
Any activity on our network that is a violation of any state
or federal law is a violation of this policy and will result
in immediate termination of service. Prohibited activities
include, but are not limited to:
Transmitting obscene materials or child pornography
Hosting web account names those are similar to famous Internet
companies intending Phishing.
Intentionally spreading or threatening to spread computer
viruses
Gaining or attempting to gain unauthorized access to any
network, including HimachalHost.com
Hosting 's private network infrastructure
Accessing or attempting to access information not intended
for you
Transmitting pirated software
Conducting or participating in illegal gambling
Soliciting for pyramid and other illegal schemes.
HimachalHost.com Hosting does not permit any site that contains:
(i) images (including on banner ads) of nude models that appear
to be under the age of 18 (in HimachalHost.com Hosting 's
sole judgment),
(ii) sexually explicit images (including on banner ads) of
models that appear to be under the age of 18 (in HimachalHost.com
Hosting 's sole judgment); or (iii) sites containing language
promoting child pornography together with any sexually explicit
or nude images. As required by federal law in the United States,
HimachalHost.com Hosting will forward all offenders of this
policy to the appropriate federal agency.
Privacy Statement
HimachalHost.com Hosting has a policy to respect and protect
the privacy of its customers and their information that is
stored with HimachalHost.com Hosting . HimachalHost.com Hosting
will only access and disclose information as necessary to
comply with applicable laws and government requests, to provide
the HimachalHost.com Hosting Services, to operate or maintain
its systems or to protect itself or its customers
LIMITED 7-DAY MONEY BACK GUARANTEE
If your web service account has been cancelled or terminated
by us due to a breach of the terms and conditions on your
part, you will not be eligible for a refund.
Domain name registration fees is non-refundable.
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