Terms Of Service

HostSoch Terms of Service

The following HostSoch's Terms of Service(TOS) apply to every customer using one or more services, products and features provided by HostSoch. Agreeing to HostSoch Acceptable use Policy and Terms of Conditions is mandatory for Hosting signing up or using our services. By agreeing, you declare that you have read, and agree to be bound by this TOS. If you have any questions Contact us at copyright@hostsoch.in

Billing Policy

Account Setup & Payments

• We offer instant account setup, if you make the payment via credit/debit card, net banking & PayPal, your hosting account will be setup immediately once the payment is confirmed.
• However, if you make cheque payments, please allow 5 days for the cheque to clear. With Payments through postal orders or cash, account will setup on the same day.
• It is your responsibility to provide us with any active email address (not the domain specific email that you are currently signing up under). The primary email address on file will be used to contact you if there is ever an abuse. It is your responsibility to ensure the email address on file is current or up to date at all times.
• If you have a domain name registered with HostSoch, it is your responsibility to ensure that the contact information for your domain account and your actual domain names is correct and up-to-date.
• HostSoch is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you can do this via domain panel or raise a support ticket to sales.

Free Domain Terms & Conditions

• Customers will receive a free domain name for one year on Shared hosting services choosing 12, 24, or 36 months as the billing cycle.
• The Free Registration / Transfer is Available for the TLDs: .COM, .IN, .CO.IN, .NET.IN, .ORG.IN
• We provide 1 free Domain for 1st year with purchase of our following Shared hosting and Windows hosting plans:

One Free .co.in, .net.in, .org.in, .ind.in domain with our Shared ADVANCED Plan

One Free .in, co.in, .net.in, .org.in, .ind.in domain with our Shared BUSINESS Plan

One Free .com, .in, co.in, .net.in, .org.in, .ind.in domain with our Shared PRO Plan.

• Domain name will be free only for the first year and renewal charges will be applicable from the second year onwards.
• To avail the free domain name, you need to register/transfer the free domain during the hosting account sign up. You can NOT request the free domain name on a later date.
• Free Domain offer is not applicable for Hosting plan upgrade/downgrade.
• Free Domain is applicable only for the Primary domain (free domain will be discontinued for primary domain change)
• Moving domains from one account(client area) to another Hostsoch account is strictly prohibited.
• Once the free domain is expired, we are not responsible for its Restoration or Re-registration.
• If you cancel within the 7 or 30 Day Money Back Guarantee, you will be refunded 100% of your hosting payment minus the current cost of the domain name registration/transfer.
• The domain name will be registered in the client’s name and contact information.

Money Back Guarantee and Refunds Terms

• Hostsoch offers a 30 day money back guarantee for shared hosting choosing 12, 24, or 36 months as the billing cycle.
• 7 days of money back guarantee applicable for Shared hosting monthly plans and VPS services all Terms
• In case you are not satisfied with the service and cancel it within thirty (30) or (7) days of signing up for the Service, you will be given a full refund of the amount paid during signup.
• The Money-back guarantee is only applicable to the amount/fees paid for hosting services and does not apply to any fees for any additional products or add-on services.
• Account cancellation request has to be submitted through HostSoch.in client area and support ticket has to be opened for a billing department after cancellation is submitted;
• No Money back or refund is offered for Dedicated servers, Domain registration/renewals/transfers, Addons include SSL Certificates, Sitelock, Codeguard, Control Panel, Dedicated IP, and any other software license etc.
• No refund will be provided for terminated, suspended accounts.
• No refund will be made after the 30 or 7days period is over, over usage, violation of our terms of service.
• Only first-time accounts are eligible for a refund. If you're having a second account, then you will not be eligible for a refund. Also, if you've cancelled the first account and signed up again, you are not eligible for a refund.
• All refunds are processed within 5-7 business days.

VPS - Terms of Service

• We highly recommend a paid control panel to manage and operate the VPS for better security.
• A Free control panel CWP/Webuzo/Vesta based on the operating system will be installed upon a client request.
• All VPS clients will be given a 7 days of money back guarantee.
• Initial software installation support will be provided.
• Website migration assistance will be offered only if the server is installed with any control panel.
• All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS' themselves. The support team will not be responsible for this.
• You acknowledge that unless you subscribe to a paid VPS backup service, YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP AND ARCHIVING OF YOUR CONTENT. If you use a VPS server with a control panel, then you will have access to one or more tools via your Control Panel that allow you to backup Your Content. Please use these tools and backup your files frequently.
• HostSoch VPS Backup is an optional service available for an additional fee that will automatically backup your content on a weekly basis, keeping 2 recent backup copies.
• This is a server Image backup and we can only restore the entire VPS(all domains) and it is not possible to restore any particular folder or files using this backup.
• Recommending R1Soft backup for a reliable and highly secure backup solution for an addon service.
• R1soft backup - Hourly, Daily, Weekly and Monthly backups can be configured and backups at a granular level.

Backups and Data Loss Policy

• You are solely responsible for backing up any data associated with your hosting packages. We strongly recommend that you take periodic backups and store them in your local machine in the event that you need to restore your data for any reason.
• We have daily automatic backup with 30 day retention for our Shared Hosting clients.
• Clients who have subscribed for a paid backup service with VPS Server will have a weekly backup of the entire VPS server with a retention period of 7 days.
• Clients who require backup, need to request backup through the Support Ticket system.
• Shared Hosting clients' backup copy maintained by HostSoch will not have any emails or media files included in it.
• We are not responsible for files and/or data residing on your account. You agree to take complete responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on HostSoch servers.

What exactly 'Unlimited' Term Means

'Unlimited' usage applies to our Shared hosting servers. HostSoch offers Unlimited Space and Bandwidth in the certain Shared Hosting Plans which means we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. HostSoch has placed limits on the amount of a server's resources based on the packages that any given user may consume, While these are limits, server abuse is not limited to these policies and is up to HostSoch's discretion what constitutes server abuse.

We make every reasonable effort to provide clients with the disk space and bandwidth resources needed for their websites within the limitations of these Terms of Service. HostSoch monitors all servers via automated and non-automated methods to help ensure no single client adversely impacts other clients located on our shared server.

Please note that shared hosting plans are meant only for website hosting & for business emails. The plans are not applicable for bulk emailing, storage of backups, file repositories, music files, videos, photo archives, data storage in the form like .exe, .jpg, .png, .mp3, .mp4, .wav, .zip, .rar and similar are strictly prohibited. Violators of this policy may have their accounts terminated without refund. In case you fail to follow these limitations, we will immediately suspend your account for over usage and notify you via the Ticket system to take a proper action.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

HostSoch strictly prohibits spamming or sending unsolicited emails from our servers or using email addresses that are maintained by us. We will immediately suspend your accounts and inform the client via Ticket system to perform the necessary action.

In order to ensure better performance of shared & vps servers, we have set limits on the number of outgoing mails which can be sent per hour. Accordingly, shared customers would be allowed to send 300 outgoing mails per hour, VPS customers would be able to send 300 to 500 outgoing mails every hour per domain name.

We do not guarantee Inbox email delivery with any of our hosting plans.

Late Payments

All accounts are billed according to the dates they were first activated. Accounts that are past due may be disabled on an individual need-be-basis solely at our discretion.

Accounts that are not paid by the due date may be subject to a late fee at the sole discretion of Hostsoch. If you desire to cancel your account, you must raise a ticket to the billing department 30 days in advance. Failure to notify cancellation in advance would result in services billed and payable for the next period.

Failure to Pay

The Company may temporarily suspend all services provided or terminate this Agreement upon the failure of the customer to pay charges when due.

In case your hosting service expires before the expiration of your domain then the Parking page of our company is shown and it is removed when the payment of hosting renewal is realized to us.

Renewal Reminders

You acknowledge that it's your responsibility to keep records and maintain reminders regarding the expiry of any service.

As a convenience to the client, and not as a binding commitment, HostSoch will send reminder emails of any expiring services due for renewal to the contact information associated with the customer in the HostSoch'database.

Failure to renew the services will terminate automatically and HostSoch is not responsible for any loss that may occur due to expiry/termination of services.

Discount & Offers

Any promotional offer introduced by HostSoch is available on the company Website offer page. Below are the Terms and conditions that apply to those promotions where you must redeem a promotion code as part of the offer.

• The promotion code is valid for a limited time only. HostSoch reserves the right to modify or cancel it at any time.
• Each promotion code can be used only once, unless otherwise specified.
• Each promotion code applies only to qualifying items.
• Promotions are applicable only for the new customers and not the existing ones.
• The promotion code is not transferable and may not be resold.
• Promotion codes may not be combined with other offers.
• Limit one promotion code per customer.
• Moving websites to new accounts for the sake of obtaining offers is strictly prohibited

If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply.

Requesting for a Change of Registered mail ID

If the client wants to change the registered email id of his account, then he must send an email from the registered email ID along with the address and ID proof scan copy for cross verification of account ownership. We will change the email ID immediately, if the address proof provided by the client matches with HostSoch's records for that particular client.

Acceptable Use Policy

All services provided by HostSoch may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Pornography is prohibited on all HostSoch servers

This includes sites that include sexually explicit or hardcore images and/or advertising. If you think your site may violate our Terms of Service, please ask us before signing up for an account so that we may determine if we can host your site. HostSoch reserves the right to determine what is and what isn't acceptable for our servers. If child pedophiliac material is found on user/customers account the account will be immediately deleted and the user will be fined. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared servers include:

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Cancellation Process

HostSoch reserves the right to cancel, suspend or restrict access to the account at any time with or without notice. Our customers may cancel the account at any time via client area or opening a support ticket. If you cancel the services you are obligated to pay all fees and charges of the entire current billing term unless shared hosting accounts within 30 days of time. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.

Domain Registration Fees are Non-Refundable

All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration is suspended, canceled or transferred prior to the end of the registration term. Once a domain name is registered, it cannot be altered, including spelling corrections.

Resource Usage

User may not:

• 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.
• 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.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
• Run cron entries with intervals of less than 15 minutes.
• Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
• 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")
• To help reduce usage, do not force html to handle server-side code (like php and shtml).
• Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications

Prohibited Conduct

HostSoch does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Member engaging in the sending of Spam through HostSoch network or promoting information on websites hosted by HostSoch will be considered in breach of this Agreement and will be suspended from the Service immediately. Your use of the Service must be in compliance with the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spamming multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content and behaviour prohibited by the Service:

Inodes

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase .If the customer's account exceeds the set bandwidth limit, we would inform the customer via Ticket to take the necessary actions. If the customer does not take any action or does not wish to purchase extra bandwidth by upgrading his account and continues to exceed their limit, we will suspend the account until the customer takes proper action and ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold HostSoch harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostSoch, its agents, its customers, 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 HostSoch against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostSoch; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostSoch ‘s server.

Arbitration By using any HostSoch services, you agree to submit to binding arbitration. If any disputes or claims arise against HostSoch or its subsidiaries, such disputes will be handled by an arbitrator of HostSoch choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. HostSoch is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by HostSoch are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing. We do not make any warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

Disclaimer

HostSoch shall not be responsible for any damages your business may suffer. HostSoch makes no warranties of any kind, expressed or implied for services we provide. HostSoch disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostSoch and its employees.

Disclosure to law enforcement

HostSoch may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

HostSoch reserves the right to revise its policies at any time without notice.