All users of HostingUltraso.com services, and all customers upon signing up for HostingUltraso.com services, agree to comply with HostingUltraso.com Terms of Use (TOU). The spirit of the TOU is to ensure customers are using HostingUltraso.com's services with due regard to the rights of other Internet users and in conformity with the requirements of HostingUltraso.com network environment. The TOU are not exhaustive and HostingUltraso.com reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to HostingUltraso.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to HostingUltraso.com. The TOU can supplant other agreements in any form, written, verbal or conduct, with HostingUltraso.com.
1. CONTENT
The TOU and any other agreement for HostingUltraso.com services will be governed by and construed in accordance with the laws of the State of West Bengal, India without reference to its conflicts of laws principles.
HostingUltraso.com servers and other infrastructure 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, or that may directly facilitate the violation of any particular law or regulation is prohibited. This does not only apply to trademarks, trade secrets or any other intellectual property rights exercised without permission but also applies to any objectionable content, an illegal threat or defiance of export control laws. Additionally, in purchasing HostingUltraso.com services, all HostingUltraso.com customers certify that they and/or the organization they represent in procuring services from HostingUltraso.com are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a 'suspected terrorist' as defined by the Constitution of India; and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. Of India.
The following are the list examples of items that are not allowed to be hosted in any account;
Ponzi Schemes, Money Pyramid Schemes, FOREX, E-Gold
Proxy, Bots, Spam Bots, Port Scanners, IP Scanners, Mail Harvesting Scripts, Brute Force Scripts
Escrow, Sales of illegal pharma, drugs, explosives
Malware, Warez, Phishing Materials, Lottery, Gambling, Illegal Downloads, Pirated Software Distributions
Fraud sites as listed in but not limited to aa419.org etc.
Streaming of live copyrighted events
Adult materials - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of HostingUltraso.com.
The customer is solely responsible for security of any software/scripts installed in their account. You must maintain proper permissions to all folders and files in your website and should keep passwords and other login credentials safe. We advise you to use strong password and keep changing them at least once in a month.
If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
Shared hosting accounts can be used purely for web hosting alone. It cannot be used for backup for storing data, software distribution, storing large pdf files, high resolution images etc. Content not used for a website cannot be stored in it's space. Only normal contents such as html pages, scripts, images related to website, database can be hosted in a shared space. Audio / Video and high resolution images storage is not allowed in shared accounts.
Any violation found or reported to any of the above clauses will result in account suspension or termination with or without notice.
2. SPAMMING
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to HostingUltraso.com's customers. The activity of spamming refers to internet-based requisition that ranges from illegal communication procedures unwanted marketing techniques, resulting in defiance of one’s privacy. It may also include various activities like referring, selling & utilizing another site’s service, present in HostingUltraso.com server that contribute in spamming. Violators will be assessed a minimum fine of 333 USD $ and will face immediate suspension. HostingUltraso.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Sites that are advertised using SPAM cannot be hosted in our servers.
Mailing Policy
The following are the general mailing policy used in HostingUltraso.com servers;
500 emails can be sent per hour. If you exceed beyond this limit, you will get a bounce back message. If you get such errors, please try sending after 1 hour.
You cannot exceed more than 30 to check the mail server using POP3/ IMAP. You are entitled to receive a login error if you exceed this limit. To avoid such a trouble, you can connect to the mail server once in every 10 minutes.
Catch all or default mail id must be set to fail. This is to avoid stacking of unnecessary spam mails in the server which finally results in large number of inode creation in the file system. This ultimately results in disk failure.
3. SYSTEM AND NETWORK ABUSE
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any Attempt to scan, probe or test a system/network to transgress security measures without the permission of the owner of the system/network ; 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.
4. VIRUSES AND OTHER DESTRUCTIVE ACTIVITIES
Use of HostingUltraso.com services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use HostingUltraso.com services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
5. RESOURCE USAGE
Email Disk Usage
Stacking large number of emails increases inodes and results in file system corruption. It also hinders various server level processes from functioning at normal load. Hence all mails has to be downloaded from the server then and there. Hosting accounts cannot be used as email storage space. Sites that use higher than this limit has to be upgraded to dedicated server based on the usage. Failing to upgrade the account will result in suspension or termination of that particular website.
Disk Space Usage
Only files required for running of the website such as html,php etc can be hosted. Zip archives, downloads, videos, audio files and other software or warez downloads are strictly prohibited. Hosting space cannot be used for data storage or backup dumping. It cannot be used for file sharing, spam software downloads, software key downloads etc. Sites that use higher than this space limit has to be upgraded to next available accounts such as dedicated server based on the usage. Failing to upgrade the account will result in suspension or termination of that particular website.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers) reserves the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers. Customers may be offered an option whereby HostingUltraso.com continues hosting the website for an additional fee or upgrade to a higher account. HostingUltraso.com will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be suspended / terminated without prior notice.
The following are the list examples of activities that are not allowed to be hosted in any account;
Scripts running bots, spiders, port scanners, mail blasters
Peer to Peer sharing, File sharing
Calling include files as a URL rather than as a local file
Running bit torrent applications, trackers
A user may not exceed 20 % of total CPU usage for more than 100 seconds. Usually the reasons for such a spike in usage are poorly written php,cgi, perl or other scripts. If cron jobs are run, it must be scheduled at minimum of 15 min once and not less than that. Running MySql queries for more than 15 seconds is not allowed.
Sites that attract DDOS or automated attacks cannot be presented in any of the accounts. If found to violate such a term, the account will be immediately suspended / terminated without prior notice. The customer has to immediately change the name servers out of our servers.
6. INODES
Inode count in a particular account may not exceed 75000. A single inode represents a file in your website ( Includes image, files, emails etc). Frequent creation and deletion of inodes is also prohibited. Most of the cases inode generation is too high due to default or catch all mail ids.
7. BACK UP
HostingUltraso.com is in NO way responsible, for the management and backup of all your and your customer data, and all updates, upgrades, emails and patches to any software that customers use in connection with HostingUltraso.com services. You agree that you are solely responsible for maintaining back up of your website files, emails, database etc at your end.
General Backup Policy
This general backup policy is applicable only for customers who have purchased backup plans exclusively. This does not apply for customers who have not purchased backup plans exclusively.
HostingUltraso.com backups run once in a week and the previous week's backup will be overwritten. The backup is mirrored to a secondary drive. This is done automatically.
HostingUltraso.com does not verify or test whether individual items such as mail, database, website contents of a particular website is backed up completely or not.
HostingUltraso.com will not be responsible for any incomplete backup of an account owing to instance but not limited to crashed mysql tables, disk usage of an account is more than 5 GB, too many files in email accounts etc.
HostingUltraso.com will not be responsible for loss of backup due to virus infections, disk errors etc.
HostingUltraso.com does not backup dedicated servers, cloud servers, windows shared / reseller hosting accounts. Customers are solely responsible for maintaining their own backup of mails, files, databases etc.
8. BANDWIDTH USAGE
Per site should not exceed more than 5000 MB Bandwidth per Month in shared small biz, individual accounts under reseller account. Each account is allotted with certain bandwidth limit on monthly basis. In case an account should exceed the allowed limit, HostingUltraso.com reserves the right to keep it suspended till the next bandwidth calculation period starts. Customer may be presented with options to upgrade to a higher account and / or purchase additional bandwidth. HostingUltraso.com also reserves the right to terminate the account and charge you for the excess usage in your account.
9. DATABASE USAGE
Running queries which takes longer than 15 seconds are prohibited.
Mysql databases can be managed using php my admin available in the hosting control panels. Remote accessing of MySql database using local applications or programs is not allowed.
MS Sql database can be managed using web based control panel. Remote accessing of Mssql database is allowed only for static ip provided by the customer. Dynamic Ips cannot be allowed access to remote MSSQL database. The number of static ip allowed to access remote sql is maximum 2. Remote sql access is allowed only thro MSSQL studio and cannot be used by another local application. Accounts that are found to be abusing this term will be suspended / terminated immediately.
MSSQL access via programs is allowed only for IPs within our network. Programs cannot access databases outside our network.
To avoid MSSQL database abuse, creation of sql database in windows based control panels is disabled. You can create a ticket for creating databases in your members area which receives top priority and get it created. You can also request to create multiple databases at a time.
Database space is included along with the hosting account space. But to make sure that no single database monopolizes database server resource, any single database cannot be more than 150 Mb in space in shared / reseller hosting accounts. Sites that have databases which exceed such a limit will be offered with higher level package where in they can upgrade and keep using it. The customer has to either upgrade the account or cut down the usage in database.
10. PAYMENTS, BILLING & PRICING
Please note that HostingUltraso.com offers various payment options for ease of payment to the customer. Transaction fees, service charges of such payment options are separate and must be added to your total account fee separately and paid in total. Once you make the payment, you must intimate HostingUltraso.com by creating a ticket in the members area with full details such as To which of our account payment was made, Mode of payment, Amount paid, Service for which the amount is paid, Date of payment and other payment details such as Bank, Branch, Account number details. If you do not have access to the members area, you may create a ticket. If no such intimation is provided, account setup or renewal or other account related functions cannot be completed. HostingUltraso.com will take 48 hrs - 72 working hrs to verify and execute an order. Usually it takes only few min, but in rare cases we may have to verify fraudulent payments and hence 48 hrs - 72 working hrs will be the time taken to verify and execute an order.
It is customer responsibility to intimate HostingUltraso.com about the payment & other details and make sure that an domain / account renewed. Domains/ Accounts must be renewed atleast 30 days prior to expiry to prevent last minute glitches, act of god, issues at registry's end etc.
It is the responsibility of the customer to make sure that correct and working email id is in file with HostingUltraso.com. HostingUltraso.com will send all email alerts about renewals, registration, transfers, offers as a courtesy by email. It is the responsibility of the customer to login to the members area and respective control panels to keep track of their account status.
All account fee must be paid in advance in full before the actual term. HostingUltraso.com will charge 15% of the account fee or Rs.250, whichever is higher as a late fee.
HostingUltraso.com will add credits to an account only when the payment is fully reflected in HostingUltraso.com bank accounts. Part payments will not be added to an account. If transaction or processing fee is not added with the amount paid, HostingUltraso.com will only add the exact amount after deducting such a processing fee. Returned checks will attract Rs.500 towards check returning charges and admin charges. Once a check is returned, the customer will have to make all further payments as Cash/Bank Account Transfer to our accounts and no other mode of payment will be accepted. Outstation checks will attract Rs.100 as collection charges.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Accounts that are not renewed on time will be suspended / terminated immediately.
HostingUltraso.com only adds domain credits to a reseller / customer account. We will not register / renew / transfer any domain name / hosting. It is the sole responsibility of the customer / reseller to register / renew / transfer domain name / hosting.
Billing/Price Changes/Discounts & Coupons
HostingUltraso.com policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle except in exceptional cases such as volatility in FOREX and other factors which are not in HostingUltraso.com hands. We reserve the right to change pricing, resources, features of plans that are displayed in our websites or partner websites.
Discounts / Coupons offers are one time only and are not applicable during the renewal of the account. Discounts / Coupons are for first time customers only and the same customer cannot avail other offers for the same account / domain on a later date. If found in violation of these terms, the discount or offer will cancelled and additional invoices will be added to your account.
11. CANCELLATIONS & REFUNDS
Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact HostingUltraso.com Billing Team by creating ticket in the members area with proper payment details and account details. Cancellation requests must be received by HostingUltraso.com a minimum of thirty (30) days prior to the end of your Billing Cycle. HostingUltraso.com will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact HostingUltraso.com as soon as possible.
Strictly there are NO refunds for Nano / Economy Packages, Special Promotional Packages, Monthly Billed Packages, Discounted Packages or Coupons
Strictly NO refunds will be processed for package that are cancelled during the FREE period. [ For example, In a 2 +1 year pack, the last year is provided as FREE and hence no refund can be processed for/during that period ]
Strictly NO refunds will be processed if the account fee is not paid Full in advance before the account is setup
Strictly NO refunds will be processed if a refund is requested after 90 days from the date of order of the account
Strictly NO refunds will be processed if an account has violated the terms of service or involved in activities that has resulted in incurring charges to bring back services to normal
Strictly NO refunds will be processed if an account was involved in abuse / resource over usage previously
Domain Credits purchased cannot be refunded
Only first time accounts are eligible for refund. Accounts created by the same customer / related to the same customer will not be eligible for refund
Dedicated Servers, VPS Hosting and Cloud Servers are not eligible for any refunds.
All request for refund must be provided in writing by creating a ticket in the members area. Only refund request that does not fall under any of the above conditions will be responded or taken into consideration. The maximum refund possible is 50 % of account fee that is paid in full advance before account setup. Setup fee [both levied or waived off ], Software costs, Administration costs, other third party expenses will not be refunded. Processing fee of Rs.250 will be charged for all refunds. Refund processing will take 90 days from the date of acceptance of refund by HostingUltraso.com.
No refund will be paid as cash or bank deposit. Refunds are credited as hosting credits or domain credits only.
12. RESELLER / CUSTOMER RESPONSIBILITY
Resellers are responsible for servicing their clients. HostingUltraso.com does not provide service to a Reseller's Client. If a client contacts us directly, we may put the account on hold till the reseller assumes service to that client. Reseller is responsible for his client's accounts and must make sure that it is secure and updated with out vulnerabilities such as old / outdate scripts, wrong folder permissions etc. Reseller is solely responsible for content stored and transmitted thro the accounts hosted under him.
Customers are required to use the HostingUltraso.com network responsibly. This includes respecting the other customers of HostingUltraso.com. HostingUltraso.com reserves the right to suspend and/or cancel service with any customer who uses the HostingUltraso.com network in such a way that adversely affects other HostingUltraso.com customers.
While HostingUltraso.com may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, HostingUltraso.com does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when HostingUltraso.com becomes aware of any violation of the TOU or other user agreements, HostingUltraso.com may take any action to stop or correct such violation, including, but not limited to, denying access to HostingUltraso.com services and equipment or to the Internet. In addition, HostingUltraso.com may take action against a customer or a customer of such customer because of the activities of such customer. HostingUltraso.com anticipates that customers who offer Internet services will cooperate with HostingUltraso.com in any corrective or preventive action that HostingUltraso.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostingUltraso.com policy and HostingUltraso.com reserves the right to take any such action even though such action may affect other customers of the HostingUltraso.com customer.
Hosting Ultraso & its associates shall not remain accountable for any kind of damage that includes loss of business & profits. Arising from the agreement or the ability/inability to use the service & its contents; also as a consequence of a taken action or the reverse; for any performance failure, error, obstruction, defect , effect of computer malware, communication problems, stealth, illegal access & other such similar conditions. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that HostingUltraso.com has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any HostingUltraso.com Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by HostingUltraso.com. HOSTINGULTRASO.COM MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Actions Taken by HostingUltraso.com
The failure by a customer / reseller to meet or follow any of the TOU is grounds for account deactivation. HostingUltraso.com will be the sole arbiter as to what constitutes a violation of the TOU. HostingUltraso.com reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When HostingUltraso.com becomes aware of an alleged violation of its TOU, HostingUltraso.com will initiate an investigation. During the investigation, HostingUltraso.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, HostingUltraso.com 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, HostingUltraso.com will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. HostingUltraso.com does not issue credits for any outages incurred through service disablement. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by HostingUltraso.com.
13. INDEMNIFICATION
HostingUltraso.com customers agree to protect, defend, hold harmless, and indemnify HostingUltraso.com, any third party entity related to HostingUltraso.com (including, without limitation, third party vendors), and HostingUltraso.com executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as HostingUltraso.com, from & against any kind of losses, expenditures, damages, demands, consequences including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of HostingUltraso.com services.
14. ASSIGNMENT
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for HostingUltraso.com services, either in whole or in part, without the prior written consent of HostingUltraso.com.
15. DISCLAIMER
The HostingUltraso.com service is provided 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. HostingUltraso.com expressly disclaims any representation or warranty that the HostingUltraso.com service will be error-free, secure or uninterrupted. No oral advice or written information given by HostingUltraso.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. HostingUltraso.com 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.
16. FORCE MAJEURE
HostingUltraso.com will not be liable for delays in its performance of the TOU or HostingUltraso.com services caused by circumstances beyond HostingUltraso.com reasonable control,including any kind of natural disasters related to climatic turmoil(like earthquakes, floods & son on) or man-made disasters (like riots, civil chaos, explosions, accidents, inadequate material & labor force & so on.). HostingUltraso.com will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.
17. INDEPENDENT CONTRACTORS
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between HostingUltraso.com and its customers. Each of HostingUltraso.com and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
18. CONSTRUCTION AND INTERPRETATION
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
19. COMPLETE AGREEMENT AND EXCLUSIVITY
The TOU, and/or any other specific agreement for HostingUltraso.com services, constitutes the complete understanding and agreement between HostingUltraso.com and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of HostingUltraso.com, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for HostingUltraso.com services is between HostingUltraso.com and its customers only and will not confer any rights in any third party except as otherwise expressly provided by HostingUltraso.com.
20. MINIMUM AGE REQUIREMENT
HostingUltraso.com customers must be at least 18 years of age. Any individual under the age of 18 years (.Minor.) must have a parent or guardian accept the TOU in order for the Minor to become a HostingUltraso.com customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for HostingUltraso.com services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains HostingUltraso.com express written consent to the contrary. Any acceptance of the TOU or any other agreement for HostingUltraso.com services will be deemed null and void to the extent that HostingUltraso.com will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of HostingUltraso.com services.
21. DOMAIN REGISTRATION/RENEWALS/TRANSFER
Domain Registration: HostingUltraso.com may take at least three to seven business days factoring in on elements like holidays, internal processing issues etc. and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company's liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond.
Domain Renewals: You (client) 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, we may notify you of any expiring services, via an email message sent to the contact information associated with the Customer in the HostingUltraso.com's database. Should renewal fees go unpaid for a service, the service will expire automatically & HostingUltraso.com will not be responsible for any loss that may occur due to expiry/termination of services.
Domain Transfer: Due to the unpredictable nature of the transfer process, no guarantees is made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by HostingUltraso.com.com on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
22. VPS/DEDICATED SERVER USAGE POLICY
HostingUltraso.com does not provide root server access. In case, client demands for root access in order to upload any applications or tamper with the server then HostingUltraso.com will not be responsible for any mishappenings/server failure. The client will be solely responsible for the mishappenings and HostingUltraso.com will not be liable for any support in order to restore the server to its previous state. HostingUltraso.com's Support team may ask for the appropriate amount, to be paid by client, in order to restore the server (only if the backup is available).
HostingUltraso.com forbids the use of unauthorized software or use of scripts or software runs on its servers that cause the server to load beyond a reasonable level, as determined by HostingUltraso.com. Third party script installation is at client's own risk. HostingUltraso.com will not be responsible for any data loss/ security issues that occur due to the third-party software that client install at their end or get them installed by HostingUltraso.com team. You agree that it shall use only authorized/ licensed softwares installed by HostingUltraso.com as per requirement of you. You will be directly responsible towards the Software provider so far as the software is related and HostingUltraso.com shall not be responsible in any manner either towards you or towards the Software provider regarding any dispute, claim or any difficulty related to the Software.
No client shall change the server passwords without intimating us. In case, any client does it then he will be responsible for any downtime of server or services.
No server logs can be provided by HostingUltraso.com to clients. In case, client has done the setup to manage server logs then only HostingUltraso.com's team can only assist the client in getting the logs.
In case, a particular VPS/Dedicated server is consuming high bandwidth then clients are liable to pay as per the bandwidth usage.
23. NAMESERVERS AND SERVERS
It is the client's responsibility to change the nameservers. The propagation time for changes to reflect would be 48-72 hours and it can even exceed due to registry problems, ISP issues or technical factors whatsoever. The company in all such cases cannot and shall not be held liable to for changing of nameservers or any delay associated with it. No complaint tickets in this regard shall be entertained also.
All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority.
The company can change its hosted servers at any time as per its necessary technical requirements and shall not be liable to update clients about such steps. Nor shall the company be under any obligation to notify clients about any technical emergency or server downtimes.
Our SLA agreement of 99.99% uptime is applicable only to Network availability and it does not take into account elements like emergency downtimes and Hardware failure.
24. SALES COMMITMENTS
Any commitment of Sales team to client regarding availability of technical features, unless in accordance with technical specifications and plans mentioned on company website would not incur any liability upon the company. All such unsubstantiated commitments by sales team on phone or mails would not carry any weight in the eyes of company and exempt it from legal action.
If upon proper assessment and merits of a particular case, a contradiction or mismatch is detected by company management between what was committed (need written proof i.e. email by HostingUltraso.com's employee) and what was stated on website, if warranted at all, a refund on pro-rata basis would be provided, but no legal accountability will be entertained. The client needs to provide us written proof of communication
Promos
No two promotional offers can be used at the same time. HostingUltraso.com holds the rights to limit the usage of promos.
25. UPGRADATION/MIGRATION
In case of migration/upgradation, your (client's) old server/account will be teminated in 48 hours of the activation of the new server/account without any further intimidation. It is the client responsibility to ensure the full completion of migration within 48 hours of getting the new account details. HostingUltraso.com will not be liable for any data loss/mishappenings that may occur after 48 hours of the activation of new account.
In case you are migrating/upgrading your server/account nearby the old server/account expiry date then client's old service/account will be deactivated on its due expiry date. It is the client responsibility to migrate all their data on new account before the old server/account expiry date.
Only the authorized account holder or an authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
