Terms of Use, cyberhost.in

Cyberhost.in Terms of Use, Acceptable Usage Policy

Terms of Service
(Acceptable Usage Policy)

Domain Dispute Policy | Privacy Policy | Disclaimer

All services provided by Cyberhost.in may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Cyberhost.in from any claims resulting from the use of our services. Cyberhost.in is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time fulfilling our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Cyberhost.in will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

Although we try to maintain a very high service availability, the services provided by cyberhost.in are not designed for mission critical use, and should not be used for such purposes unless there is a written confirmation from us.

To report suspected abuses or any violations of these policies, please contact us by sending a mail to abuse@cyberhost.in.

Cancellation, Termination & Refund Policy

Customers are allowed to cancel and terminate their account any time by a request through ticket system or e-mail to support@cyberhost.in. Request has to come from e-mail ID provided in customer account with us. Refund will be provided only in a case-to-case basis. No refund will be provided in case of below mentioned service categories purchase. Customer can use those services till the current subscription term ends.

  • Domain name registration
  • Virtual Private Server (VPS or VDS)
  • Dedicated Server
  • SSL Certificates
  • Website Design and Maintenance Charges

Non-paid services will be terminated after 4 days from expiry date. No data or backups will be retained or provided after a service is terminated. In case of data or backup is required by customer, it should be requested prior to service expiry through support ticket or e-mail to support@cyberhost.in.

Illegal Usage
Cyberhost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to a Cyberhost service agrees to indemnify and hold harmless Cyberhost from any claims resulting from the use of the service that damages the subscriber or any other party.

Cyberhost will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content
Adult Content is not allowed.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Chat Rooms
Cyberhost does not provide nor allow chat room's on shared hosting environments.

Background Running Programs
Cyberhost does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

Cyberhost does not allow IRC or IRC bots to be operated on our servers.

Cyberhost.in is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for fault tolerance and redundancy.

Client Responsibility
Clients should always keep accurate contact information in their customer account with us especially correct E-mail ID to contact you. Filure to keep correct contact infomation will result in non-receipt of communications from us. We may take appropriate actions regaring accounts with inaccurate contact information. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Cyberhost to provide this knowledge or support outside matter specific to Cyberhost servers.
Cyberhost will not liable for any issues that may arise due to web site or web applications got hacked. Customers are responsible to implement proper security and occssional patching of their web application to keep the application securely hosted.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Cyberhost server or using an email address that is maintained on a Cyberhost machine is STRICTLY prohibited. Click Here to find the limits and guidelines of mail usage. Cyberhost will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Cyberhost server as a maildrop for responses, you are in violation. Violators accounts will be terminated without notice.

Maintenance of Information
The information provided to Cyberhost is saved indefinitely and may be stored on one or more databases directly or indirectly maintained by Cyberhost. Cyberhost employs industry standard security measures to protect the confidentiality of the information.

While we cannot guarantee that loss, misuse or alteration to data will not occur; we make every effort to prevent such occurrences. Any other particularly sensitive information, such as credit card numbers collected for commercial transactions, is encrypted prior to transmission by you to Cyberhost.

Shared Unlimited Hosting account usage

1. Cyberhost.in's Unlimited shared hosting service is designed to host websites and application files which meet the typical needs of small business and home business website Subscribers. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a virtual private server or dedicated server.

2. Unlimited Hosting Space:- Using a shared hosting account as a backup/storage device is not permitted, with the exception of one backup of the same account. Please do not take backups of your backups. Cyberhost.in Does not provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with excessive number of files negatively affect the performance of the server, we may request that the number of files be reduced to ensure proper performance. In any hosting account, number of Inodes should not exceed more than 1,50,000 for Unlimited Basic hosting plan and 2,50,000 for Unlimited Ultimate hosting plan. Exceeding this limit will result in warning and if no action is taken from subscriber side, account will be terminated. Each file, directory and e-mail represent one Inode.

3. Unlimited File Transfer:- Cyberhost.in does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does cyberhost.in charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Cyberhost.in reserves the right to limit processor time, bandwidth, or processes, memory, or number of files in cases where it is necessary to prevent negatively impacting other Subscribers.

4. Unlimited Domain Hosting:- Cyberhost.in does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.

5. Cyberhost.in's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Any unlimited plan hosting account should not use more than 10% of CPU power at any time. Any such usage will result in account suspension or termination after notice.

6. Backup:- Any unlimited shared account using more than 10 gigs of disk space will be removed from our off site Daily backup. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Server Resource Usage limitations

User may not:
1) Use 25% 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.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Cyberhost Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage in limited shared hosting account and more than 2GB space in case of unlimited shared hosting accounts, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Domain Names
We do not provide refund for registered domains paid by customer. In case of renaming a registered domain, it can be done upto 4 days from registration. To rename a domain, customer has to pay Rs.100 as charge additional to whatever amount he/she has paid for registering domain. A registered domain can be deleted upto 4 days from registration. After this period, it will continue to be a registered domain till the current registration period ends. Cyberhost will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. It is customer's responsibility to provide us a working e-mail ID and phone number where we can send reminders and notifications. Customer has to verify and keep updated contact informations to receive notifications and reminders in time. Cyberhost does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by contacting us.

To open a domain reseller account and keep it active, you should have at least 10 domains managed by you or needs to have minimum Rs.5000 as total domain fund receipts in your reseller account annually. You need to manage your domain reseller account and domains yourself. If you are failing to meet any of these conditions, special reseller rates won't be applicable and we will charge regular customer rates for domains.

Actions Taken By Cyberhost
Failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Cyberhost will be the sole arbiter as to what constitutes a violation of the Acceptable Usage Policy. Cyberhost reserves the right to remove any account without prior notice.

When Cyberhost becomes aware of an alleged violation of its Acceptable Usage Policy, Cyberhost will initiate an investigation. During the investigation, Cyberhost may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Cyberhost may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Cyberhost will notify the appropriate law enforcement authorities of such violation.

Cyberhost customers agree to indemnify and hold harmless Cyberhost from any claims resulting from the use of our services that damages them or any other party. The service provided by Cyberhost on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Cyberhost expressly disclaims any representation or warranty that the service provided by Cyberhost will be error-free, secure or uninterrupted. No oral advice or written information given by Cyberhost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Cyberhost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Cyberhost reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason.
Services of any abusing customers will be terminated without any notice, no refunds or service credits will be provided for such termination of services.

Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.





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