Terms Of Service
1. Terms Importance
1.1 What these terms cover:
These are the terms and conditions on which NativeBee Solutions (“HubforHost”, “hubforhost.com”, “clients.hubforhost.com”, “us”, “we”, “our”) supply services to you (“Customer(s)”, “you”, “your”). All terms apply to your use of our website and all services, features and/or content provided by HubforHost and/or effective from the date of your electronic submission of order.
1.2 Your read them because:
These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. So, please read these terms carefully before you submit your order to us.
1.3 Amendment of Terms:
HubforHost may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. We reserve the right to revise its policies at any time without notice and also we reserve the right to modify, alter, discontinue (temporarily or permanently) the Service or any part of it with or without notice. Any changes or modifications will take immediate effect. All customers would be bound by the newest terms published on the website. Questions? Please feel free to Contact Us for any clarifications regarding this agreement, preferably before signing up..
2. Our Information includes how to contact:
2.1 How to contact us:
2.2 How we may contact you:
If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us at the time of placing your order. If you are unsure of the identity of a caller, please contact us. If there are wider service issues.
3. Our contract with you
3.1 How we will accept your order:
Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been fulfilled. At this point a contract will come into existence between you and us. Payment must be received before any services will be provided.
3.2 What if we cannot accept or fulfil your order:
If we are unable to accept or fulfill your order, we will inform you of this and refund any money paid you have paid to us. Examples of when we will not be able to fulfil your order include when your desired domain name is no longer available to register, where the registry has decided to charge a non-standard price or where the domain transfer you have requested can no longer be transferred.
3.3 Account Details:
In order to access our services, you will be asked to create an Account. You may be allocated a email/username and password when your order is placed. We reserve the right to change any username or password allocated to you. Any changes will be notified to you in writing. You warrant to HubforHost that all information submitted in order to set up and utilize your account is true, accurate and complete. You are solely responsible for activities on your account, whether authorized by you or not. You must keep your login details secure. You must notify us immediately of any unauthorized use of your account or security breach.
4. Information about our products:
4.1.1 Domain Registration:
We resell domain names. When you apply to register a domain name, your request is transmitted to Resellerclub. You are bound by Resellerclub’s domain name registration policies and procedures. These policies and procedures are available here. Because there is often a time period between your registration request and the actual registration of the domain name, we do not guarantee that your registration domain name will be registered. However, circumstances beyond our control, such as billing issues, may result in your domain name failing to register, or to lapse. It is your obligation to ensure that your domain name does not lapse. We make no representations as to the availability of a particular domain name requested for registration by you (Domain). A Domain will always be registered in or transferred into your name, not HubforHost’s. You should manage your Domain’s WHO IS data through HubforHost client area at https://clients.hubforhost.com. It is your responsibility to ensure that all data is accurate. Your Domain may be taken offline if you fail to keep your contact data up to date and it cannot be verified. To provide the best service we may from time to time change the registrar that a Domain is held with, at our discretion and without notice. Such a change does not impact your domain name usage.
For all applicable gTLDs you agree that we will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for you whenever a request is made to update the registrant contact details associated with a Domain. In that respect, you authorize us to approve a change of registrant of any change to the registrant’s details on behalf of you.
4.1.3 Third party terms and conditions:
Domain registration is subject to third party terms and conditions including those from the relevant registry for the Domain extension. By submitting your order to us you are confirming that you will at all times and in all respects comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and use. You will indemnify us in respect of any failure by you to comply with the terms of this Agreement or any failure to comply with ICANN or the registry’s terms and conditions.
4.1.4 Checking the registration/renewal:
Our service is limited to the forwarding of your order to the registry. It is your sole responsibility to ensure that the domain has been registered, renewed and/or transferred as appropriate. We accept no liability for any failure to register or transfer the Domain.
4.1.5 Domain Renewal:
We may endeavor to automatically renew a Domain on your behalf when it is due for renewal, save where you have given notice in accordance with clause 4.1.1 or where you have set the Domain to either cancel or manual renewal in your control panel. We will not renew a Domain where no up to date payment method has been provided or where you fail to make payment as required.
4.1.6 Detail of Renewal:
Renewals will ordinarily be renewed for the same duration as the initial registration period, unless you instruct in writing of any required amendment or modify the renewal settings in your client area. The renewal will be charged at the prevailing rate at the time of renewal. We shall take payment for Domain renewals up to 7 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time.
4.1.7 Domain Transfers and Ownership Terms:
We shall determine the ownership of a registered Domain by reference to the details held on the Whois If the Whois database details are not determinative then we shall be entitled to request whatever supporting evidence we may require to ascertain ownership. It is your obligation to resolve any dispute over ownership with a third party. We are under no obligation to carry out a transfer request if we are not satisfied that the correct consents and permissions have been obtained.
4.1.8 Basis of Transfer:
You are solely responsible for completing any steps required to transfer the domain, including but not limited to: changing the registrar ResellerClub of the domain, unlocking the domain name, providing the Authorisation code, and approving a transfer request. You must inform us if you wish to cancel a transfer and request a refund in accordance with our refund policy.
4.1.9 Transfer Restrictions:
You acknowledge that one year may be added and charged to some domain extensions when transferred. Some domains have maximum registration periods and you acknowledge this may prevent a transfer if the renewal would push the registration over the registry term limit. We will not initiate transfer of a Domain until the order has been placed and fully paid.
4.1.10 Expired Domains:
In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired. A registered Domain shall expire if we are unable to take payment via the method provided, or where you have set the Domain to expire or fail to manually renew the Domain before the renewal date.
Following the expiry date a domain may enter a grace and/or redemption In this situation you acknowledge that we may at our discretion, within one calendar day after the date of expiration of a Domain renew the Domain; or, park the Domain on different name servers from those set by you. Domains from registries which do not allow for a grace and/or redemption period may be unrecoverable by us following the expiry date, in which case our agreement will terminate immediately and without liability to us. Further, we are under no duty to attempt to recover such Domain.
Provided that the relevant registry for the Domain allows a grace period, you acknowledge that you have the length of their grace period (for example, 20 days) following the expiry of the Domain (‘the Grace Period’) to contact us to retrieve and renew the Domain provided that you pay for said renewal in full and in cleared funds. On receipt of the renewal fee by us within the Grace Period, you will retain ownership of the Domain and as soon as reasonably practicable we shall restore the Domain to your control panel.
You acknowledge that following the end of the Grace Period we may at our sole discretion carry out the following actions:
auction the Domain;
change the contact details; and/or
transfer the domain.
If we do not receive the renewal fee within the Grace Period then our Agreement for that Domain will terminate immediately and without liability to us. Provided that the relevant registry of the Domain allows for a redemption period, if we receive a request from you to renew the Domain after the end of the Grace Period (‘the Redemption Period’), you agree to pay the applicable redemption fee(s) plus the renewal fee(s) for the Domain(s). You acknowledge and agree that we are not obliged to take any action to renew or recover a Domain in the Redemption Period and will only make such attempts once the you have paid both the redemption and renewal fees. We make no guarantee that attempted renewals will be successful.
4.1.15 Whois Protection registry restriction
Due to registry retrictions, whois protection/ID Protection is not available for .de, .gdn, .ltda, .us, .eu, .cn, .asia, .in, .pro, .tel, .ca, ec, es, .sx, .ru, .co.de, .uk, .nyc, .sex, .srl, .blog, .adult, .berlin, .bharat, .ngo, .porn, .ong, .vote, .voto, .mx, .wales, .cymru, .ski, .nz, .archi, .bio.
4.2.1 Free Domain Offer:
Some of our hosting packages include a one free domain registration or transfer. This applies to a limited number of domain extensions(.com, .in, .business, .casa, .click, .co.de, .co.in, .co.uk, .co.za, .com.de, .com.ru, .company, .de, .es, .eu, .firm.in, .fr, .gen.in, .icu, .in.net, .ind.in, .link, .me.uk, .name, .net.in, .net.ru, .nl, .one, .org.in, .org.ru, .org.uk, .ru, .top, .uk, .us, .work) and may vary from time to time. We may allow or disallow a free registration or transfer at our discretion. All other extensions are excluded from this offer and will incur additional costs. Any reduction in fees for customers who wish to order using a different extension must be agreed in advance by us. The registration period is one year. Future renewals of these domains will be free of cost until you host with us. We may change it to incur our regular renewal rate will be at our sole discretion. Free offer does not include ID Protection/WHOIS Protection.
4.2.2 Purpose of Services:
Unless explicitly stated to the contrary our services are intended to be used for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system for purposes other than hosting a website are not permitted on our managed cloud hosting servers. We reserve the right to take proactive action to maintain the stability of our systems for all clients.
4.2.3 Suitability of Hosting Environment:
Some packages feature an ‘unlimited’ service, meaning we do not actively limit your account on either disk space or bandwidth (or both). However, to ensure system stability, accounts are limited by resource usage to ensure no one client can affect the service of others.
4.2.4 “Unlimited” Allowances:
Any ‘unlimited’ allowances are subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to improve website efficiency and/or configure a CDN, or upgrade to a bespoke solution and will be billed accordingly.
4.2.5 Service Needs:
If we feel that the service selected or purchased by you does not meet your service needs we will inform you of this and advise you of the appropriate service for your needs. We are under no obligation to continue to provide hosting services that are inadequate or unsuitable for your needs. Refusal to cooperate with an account move request may result in account suspension and/or termination and refunds will not be applicable.
4.2.6 Migration Service:
We offer a free migration service to help move your website from your previous provider to ourselves. This is a best-effort service. You acknowledge that you are the party most familiar with your website and we cannot know the intricacies of all the websites we host. We will take reasonable care to move your site files and data but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully. We aim to migrate websites within 72 hours, though we do not guarantee any particular timeframe for the migration. In some cases we may be able to migrate emails, dns records and domain names also, but we do not warrant that we can move them successfully, or without interruption and in some cases may not even be possible. In any case, we shall not be held liable for loss or missing data due to transfer.
4.2.7 Changes to the hosting environment:
We reserve the right to change the hosting environment your website runs in. These changes will be made on a “like for like” basis and will not affect your use of the hosting environment. The only circumstances where material changes will be made to your website hosting environment will be to provide you with an ‘upgrade’. This may be:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat; and
to change between location and provider or our existing location is changed or shut, We may at our discretion move you to an equivalent location or provider. (E.g. Google Cloud Platform’s Mumbai datacentre, to DigitalOcean’s Banglore datacenter, or to Linode datacenter or to a datacenter in Singapore).
4.2.8 Upstream Providers:
You must agree to the terms of our upstream providers with emphasis on their terms of export law (e.g. software used should be licenced in the US for DigitalOcean). We have attempted to incorporate all of their relevant terms into this agreement. See Appendix A.
4.2.9 CDN and Bandwidth Usage:
Where bandwidth prices are high due to relative lack of connectivity, or fluctuate, may require you to use a CDN service. A CDN service distributes worldwide traffic worldwide, rather than from your single server, thus speeding up page loads and reducing bandwidth from source. We will reasonably assist with the setup.
4.2.10 No Guarantee:
We make no guarantee to defend your website from a denial of service attack unless that service has been specifically offered and agreed. If you think you may be a DDOS target you should purchase a DDOS mitigation service from a third party such as Cloudflare/ClouDNS.
4.2.11 Service uptime:
This uptime percentage is a monthly figure, and is calculated solely by HubforHost’s monitoring systems or HubforHost’s authorized/contracted outside monitoring services. In the rare event that your problem cannot be resolved within 60 minutes you may be notified. If we notify you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. Notification may be via one of your contact methods or via our announcements.
Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service uptime.
Telco Failure (ie. Jio or Airtel cutting a fiber line somewhere).
Backbone peering point issues.
Scheduled maintenance for hardware/software upgrades.
Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided).
Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime).
DNS issues not within the direct control of HubforHost’s.
Network floods, hacks, attacks from outside parties or individuals. Failure or error of any HubforHost’s monitoring or measurement system.
Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of HubforHost’s service(s) in breach of HubforHost’s.
We take backups of your websites and store them offsite, usually in the same geographic region (but not necessarily the same country) as your live server for the best performance. If you have data residency requirements please contact us to arrange a bespoke solution. We may exclude files we consider non-fundamental to the operation of your website, e.g. error logs, cpanel backups, cache files. Backups are a best effort service and we do not warrant that they are complete or regular. It is your responsibility to keep backups of your own website.
4.2.13 Disruption to Services:
Along with Exceptions mentioned in 4.2.11, we are not responsible for disruption to the services outside our control. We endeavour to choose providers that offer an extremely high level of performance and uptime but if our supply of the services is disrupted by an event outside our control. We will not be liable for disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. E.g. if google have an issue we will not be responsible for their problems nor include this within our 99.9% uptime calculation.
4.2.14 Free domain hosting:
You are not allowed to create hosting with free domains like .ga .ml .cf .gq and others except .tk. The free domains increase abuse cases. If you want to host a free domain, you need to get approval from our abuse/security team.
Every managed cloud hosting plan comes with cPanel Control Panel with 2GB upload limit and will be allocated with 2 vCPU Core , 4 GB LVE RAM, NVMe SSD Disk Space, 30-day Backup’s History, SSL Certificates, Email’s, MailChannels or SpamExperts Email Filter, LiteSpeed Web Server, LiteSpeed and LiteMage Caching, SSH & Terminal access, (S)FTP & Git Access, PHP Version selector.
5. Providing the Services. Customer Responsibility:
5.1 Service costs:
The costs of the services will be as displayed to you on our website.
5.2 When we will provide the services:
We will supply the services to you until the subscription expires or you end the contract as described in Clause 6 or we end the contract without informing you or by written notice to you as described in Clause 7.
5.3 What will happen if you do not give required information to us:
We will need certain information from you so that we can supply the services to you as stated in the sign up section for the services on our website. We may contact you to ask for further information or to check the information you have provided to us. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
5.4 Reasons we may suspend or disable the supply of services to you:
We may have to suspend the supply of a service to:
deal with technical problems or make minor technical changes
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see Clause 6);
when required by law;
where we believe that you are in breach of any material term of this Agreement;
to resolve any third-party claims or actions;
to avoid financial loss or legal liability.
5.5 Your rights if we suspend the supply of services:
Unless the problem is urgent or an emergency, if we have to suspend the services for longer than 24 hours in any 7 day period we will adjust the price so that you do not pay for products while they are suspended or the suspension is a result of your breach of this Agreement. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 hours and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract save where the suspension is as a result of your breach of this Agreement.
5.6 We may also suspend supply of the service if you do not pay:
If you do not pay us for the products when you are supposed to (see Clause 10.6), we may suspend the supply of the services until you have paid us the outstanding amounts. We may not or may contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments. Once payment has been made in accordance with these terms, we will use reasonable endeavors to ensure that the service is restored to you within 24 hours.
5.7 Service suspension:
If your service has been suspended or goes overdue, we may no longer retain a copy of your data or website. Your website IP address may also change. This is due to the nature of us using global cloud providers: we will not be responsible for the cost of keeping your service running if you fail to pay your invoices.
You declare that (i) you have technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them.
You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services.
If you use any third-party software on the Services, you warrant to HubforHost that you are duly licensed to use the software, and that the licence grants sufficient rights to HubforHost to provide the Services. You agree to provide us with such licence(s) upon request. If you fail to provide reasonable evidence of licensing, HubforHost, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.
You acknowledge and agree that HubforHost may periodically run a series of scripts (audit) on your Service(s) to determine what third-party software is installed on the Service(s) and how many Users have access to each piece of software. You authorize us to disclose the results of such audits to third parties. You shall indemnify HubforHost against any costs, claims, losses, damages, liabilities, demands and/or expenses including reasonable legal costs incurred and/or suffered as a result of any failure by you to be properly licensed in respect of use of third-party software.
You shall provide to HubforHost, at your cost, any information, resources or facilities reasonably requested by HubforHost for the delivery of the Product(s) or Service(s) and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with HubforHost to such aim.
You acknowledge and agree not to make any modification or alteration of any part of our Product(s) or Service(s) or related technologies.
HubforHost may also terminate this Agreement by seven (7) days written notice as of the date of its receipt if:
according to HubforHost’s reasonable opinion, you do not have basic technical knowledge to use the Service(s) without excessive ongoing technical support;
HubforHost determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason.
6. General Rules of Conduct:
You acknowledge and agree that
Your use of this Site and the Services, including any content you submit, will comply with this Agreement (includes Appendix A), any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
You will not collect or reap (or permit anyone else to collect or reap) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services in a manner (as determined by HubforHost in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM) or pornography;
Promotes, encourages or engages in terrorism, violence against people, animals, or property;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding HubforHost or HubforHost’s Services.
You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our website;
which is deemed to be distasteful at our sole discretion.
You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), wormsand viruses, trojans and ping storms);
You must take all reasonable steps to ensure that your password and login credentials remain confidential;
You are prohibited from running ‘port scanning’ or other software intended to probe, scan, test thevulnerability of or access remote systems or networks except in circumstances where the remoteuser has given express permission for this to be done. We may ask for evidence of suchpermission
You must ensure that local PCs and network connected servers are not configured to allow open relayand must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’,’UBE’,’UCE’ );
Without limiting any of the rights set forth elsewhere in this Agreement, HubforHost expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any user:
whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any HubforHost policy, or
who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by HubforHost in its sole and absolute discretion).
If your purchase or account activity shows signs of fraud, abuse or suspicious activity, HubforHost may cancel any service associated your name, email address or account and close any associated HubforHost accounts. If you conducted any fraudulent activity, HubforHost reserves the right to take any necessary legal action and you may be liable for monetary losses to HubforHost including litigation costs and damages. To contest cancellation of Services, please contact us
6.6 You are responsible for the content on your Account:
Customers are responsible for all scripts, data and other objects on their account. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will, where necessary, fully cooperate with the authorities.
6.7 Registration of domain names:
You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.
You are not allowed to create hosting with free domains like .tk .ga .ml .cf and others. the free domains increase abuse cases. If you want to host a free domain, you need to get approval from our abuse/security team.
6.8 Domain Transferring ownership
You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement.
We will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by you to us.
In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.
In the event of receiving documentation which matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same.
We undertake to take any action required under the land of law and will fully cooperate with the appropriate INDIAN government authorities.
Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
Sites must not contain ‘hateful’ material or content which seeks to incite hate.
You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.
By submitting an Order for purchase of our Service(s) you agree and expressly authorize us to use all personal data you provide in order to perform compliance and anti-fraud checks.
Orders that fail our Fraud Screen will not be approved and Service(s) will not be provided. In case an Order fails to pass the Fraud Screen, you will receive formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. In case your Order is cancelled and Service(s) are not activated, HubforHost will reimburse you for all pre-paid fees excluding the transaction fees charged by payment gateways within twentyone (21) working days as of the date of HubforHost’s formal notice to you that your Order was cancelled. We have no liability for payment of any indemnification, compensation for damage or claims related to the Orders not approved because they have failed our Fraud Screen.
7. Acceptable EMAIL and WEB usage:
You acknowledge and agree that
We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.
We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibitedat all times. Customers who abuse the email service will be notified that their behaviour isunacceptable and may have their accounts suspended, terminated or blocked.
7.1.3 By purchasing the services, you agree to the following:
not to send emails that might cause annoyance, inconvenience or anxiety to a recipient;
not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful;
to have a clear opt out policy in all newsletter communications;
not to use our mail services or network to send email to any user who does not wish to receive it;
not to use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually;
not to use our mail services or network with intent to deprive others of service (‘mail bomb’);
not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;
not to use any email address that you are not authorized to use;
to ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’;
to take full responsibility for your own email reputation;
not to take any action that would put you or us in breach of obligations as per Indian law and you will be held for full responsibility and
not to use our services to disrupt or, in the Company’s sole judgment, could disrupt the Company’s business operations, the Company reserves the right to charge such Customer an administrative fee equal to $1000 per each piece of SPAM sent
Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services. We do not monitor content on any web space maintained by customers. We bear no responsibility for the content of your website.
It is your sole responsibility to ensure that the content and materials on any website owned or operated by you contains material that you have created or have permission to use.
It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify HubforHost against all costs, including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.
You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in either the INDIA or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global communications network and what may be legal in the INDIA may be illegal elsewhere and leave you liable to prosecution in another country.
If you are not located in the INDIA and intend to upload adult content of any type onto your website or web service, you must contact us prior to placing any order. We reserve the right to decline to offer our services at our absolute discretion.
We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination under our sole absolute discretion.
8. Rights to end the contract:
8.1 Your rights to end the contract:
8.1.1 Ending your contract with us as a standard service user:
You may terminate your contract with us by cancelling the service 30 days in advance of the before renewal date through the client area at https://clients.Hubforhost.com and not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You may also raise a support ticket with us up to 30 days before renewal.
8.1.2 Refunds of prepaid months:
We offer a low-cost service. If you cancel before your service end date you will not be entitled to a refund of money paid. E.g.- If you pay for one year of hosting but decide to cancel on the 15th day of using the service, we will not refund you the rest.
If the services, you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed or to get some or all your money back. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed. We will respond to any complaint within 28 days of receipt or notice and inform you whether a refund will be administered.
8.1.4 Money Back Guarantee:
If you have just changed your mind about the product, we will offer a “14 day no questions asked money-back guarantee”. You must notify us before the money-back guarantee period ends i.e., a Cancellation request must be submitted at least 24 hours prior to the end of the money-back guarantee period. You will then receive a full refund for the money paid to the date of termination, minus the domain registration/transfer fees which are non-refundable. Money-back guarantee applies only to managed cloud hosting plans (HH-BUSINESS and HH-ULTIMATE) and this Money-back guarantee does not apply to managed cloud hosting HH-GROWTH plan, domain name registrations, domain name renewals, domain name transfers, domain name restore/redemption, non-first purchase by the customer, renewals, marketgoo SEO tools, Sitelock VPN, OXAppSuite Email hosting, Codeguard backup, SSL Certificates, Weebly Website Builder, SpamExperts Email Security, SiteLock Website security, transaction fees charged by payment gateways and any other cases/services/products which at our sole discretion would disentitle you to a refund.
Once a cancellation request is submitted, the customer’s account will be suspended either immediately or at the end of the service billing period depending on customer’s decision during the cancellation process. Once a request has been completed, the customer’s account will be terminated and no copy will be kept. It includes all customer’s account data, including backups. After this process, HubforHost cannot be held responsible for data loss due to suspension or termination.
8.1.5 Inappropriate or illegal activity:
If your account is found to contain illegal activity, illegal mp3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated and no refunds will apply, including for the avoidance of doubt, the guarantee referred to in Clause 7.2.
8.1.6 Processing of refunds:
Any refund will be processed within 21 working days of receipt or notice.
8.2 If you have changed your mind:
Tell us you want to end the contract. To end the contract with us, please log into https://clients.hubforhost.com, view the product, and then raise a cancellation request. Please fill out the reason for the cancellation. If you qualify for a refund under the money back guarantee under Clause 8.1.4, please request this in the cancellation notes.
8.3 OUR RIGHTS TO END THE CONTRACT:
8.3.1 We may end the contract if you break it:
We may end the contract at any time by writing to you or without informing you if:
you do not make any payment to us when it is due.
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
8.3.2 You must compensate us if you break the contract:
If we end the contract in the situations set out in Clause 7.2.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3.3 We may withdraw the services:
We may not or may write to you to let you know that we are going to stop providing the services. We will let you know at least 14 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
9. Price and payment:
9.1 Where to find the price for the service:
The price of the service will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see Clause 8.1.2 for what happens if we discover an error in the price of the product you order.
9.2 Changes in the price:
We reserve the right to alter the prices advertised on our website and fees at any time. We may provide written notice of any changes via email to the email address provided by you to us when registering your account. In most cases, changing the price on the website for new customers will not affect the price for existing customers. If your contract is for a fixed term, the price alteration will take effect at the end of the current term and at the time of renewal.
9.3 What happens if we got the price wrong?
It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we may contact you for your instructions before we accept your order.
9.4 When you must pay and how you must pay:
We accept payment by most major credit and debit cards, direct debit, PayPal. When you must pay depends on what product you are buying. You warrant that you are lawfully authorized to make a payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
If a chargeback is incorrectly made against your account, we reserve the right to suspend and/or terminate your account until reimbursed and a $200 administration fee will be charged.
9.6 Payment due at time of order:
You agree to pay all amounts due for services at the time you order them. All amounts are non-refundable unless otherwise stated in Clause 6 above.
9.7 Invoices will be sent in advance of payment due:
Invoices will be sent to the email address provided by you to us when registering your account. You can see your email history and view all invoices in https://clients.hubforhost.com.
9.8 We can charge interest if you pay late:
If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.9 What to do if you think an invoice is wrong:
If you think an invoice is wrong, please contact us. promptly do let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any HubforHost Service(s) you purchase or renew.
You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the HubforHost client area.
You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorised by the owner of the card to use it for the purchase.
9.13 All payments to HubforHost are non refundable
All payments to HubforHost are non refundable unless in Money Back Guarantee under clause 8.1.4 & clause 8.1.2. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. HubforHost is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
With your prior consent we may process a refund as credit added to your Customer Account (HubforHost Wallet) to be used for future purchases and/or renewals of our Service(s). HubforHost Wallet amounts can be reimbursed upon your explicit request.
10. Our responsibility for loss or damage suffered by you:
we are not responsible for any loss or damage that is not foreseeable or foreseeable.
We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.
10.3 We are not liable for business losses:
If you use the products for any commercial, business or re-sale purpose for any purpose whatsoever we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 Limit of liability:
Save where you are acting as a Consumer within the meaning of the Consumer Rights our aggregate liability shall be limited to thrice the fees paid by you for the services in relation to which your claim arises during the 12 month period prior to the claim.
To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold HubforHost’s, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including HubforHost’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).
You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.
Customer agrees that they will protect, indemnify, save and hold HubforHost harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against HubforHost, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns.
If you do not make any payment Customer agrees to defend, indemnify and hold HubforHost harmless against liabilities arising out of – Any injury to person or property caused by any products sold or distributed in association with HubforHost’s Services; The loss of any electronic files furnished by customer (Or customer’s customer); Copyright violation and any defective products sold to a customer from HubforHost’s Services.
11. How we may use your personal information:
12. Other important terms:
12.1 We may transfer this agreement to someone else:
We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for any complete month of service not provided.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Transfer requests can be made via support ticket in https://clients.Hubforhost.com and other means of communication is not accepted.
12.3 Nobody else has any rights under this contract:
This contract is between you and us. No other person/entity or whomsoever shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings:
In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and HubforHost shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party. You agree that the Courts of Telangana, INDIA shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of these TOS as well as any other document entered into by the Parties shall be governed by the laws of Republic of INDIA.
13.1 Links to other sites:
If links exist, we shall not be held responsible for linked sites or their contents. We are not responsible for the actions, content or privacy policies of those websites to which our website may link. Such sites are subject to their own terms, conditions and privacy policies.
You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any trademark, service mark or logo used or displayed on our website, without the express written permission of HubforHost.
13.6 Warranty Disclaimer
You acknowledge and agree that your use of HubforHost’s services provided are as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services, and that HubforHost makes no representation or warranty with respect thereto. All services provided by HubforHost are available as is, without warranty. HubforHost hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose. In addition, HubforHost expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require HubforHost to provide Services in such a manner to allow the Customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the Customer. Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure. No HubforHost employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties HubforHost shall not be bound by them.
If you are found in violation of the HubforHost Terms of Service, your account will be terminated without notice and you will forfeit all of the money that has been paid to hubforhost.com
14. CUSTOMER ACCOUNT
If you are a new customer, upon purchase of our Services we will create a Customer Account for you. Your Customer Account contains your personal details and grants you access to our User Area where you can access, review, update and manage your Services, payments and contact information.
If you purchase Services on behalf of another person or entity, you warrant that you will administer their Customer Account in good faith and in their best interest, and will indemnify us against all losses and liabilities sustained by us should you administer the Account in ways that are adverse to the End User and result in any claim against us.
Login to the User Area requires the use of username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them. For security purposes, HubforHost highly recommends that you keep different passwords for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials and regularly update your password.
As an additional security measure, you may set up two-factor authentication (2FA) for your User Area. Follow the instructions in your User Area in order to enable/disable 2FA. If you choose to install and use a 2FA application on a device (e.g. phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk.
You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party, and for keeping your Account password secure. You shall notify us immediately of any breach of security or unauthorized use of your Account to the following email address: [email protected].
You are responsible for providing and maintaining true, current, complete and accurate information. If you fail to do so, we accepts no liability in the event that we grants access to the account to another person.
For avoidance of doubt, the individual or entity whose personal data is listed in the ‘My Details’ section of the User Area is considered by us to be the owner of the account (Account Owner). Domain names are owned as set out in applicable ICANN rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending.
It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
15. TECHNICAL SUPPORT
15.1 Technical support services:
We provide technical support for issues related to functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.
We aim to deliver support in a fast and efficient manner, however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site.
You may request technical support through our client portal https://clients.hubforhost.com. Technical support will be provided via chat and/or ticket. Depending on the issue, we may not be able to provide assistance over all communication channels, but will recommend one or two where support can be delivered.
If you request technical support, you agree that we may have full access to your Services and/or Content. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational and the Services are configured to your needs once we complete work on your request.
If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.
To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if:
you violate these TOS;
you are abusive towards our employees or subcontractors;
the need for Technical Support Services is due to any modification or attempted modification of the Services made by you or any third party outside of HubforHost’s control, or your failure or refusal to implement changes recommended by HubforHost.
We may refuse to perform any request that requires changes not compatible with the Services or not related to them or that might create a security risk or deteriorate their performance.
15.2 Scope of free technical support
We provide free technical support for issues related to our hosting platforms and features:
Issues related to the functioning and functionality of any of our Services, including issues you report related to the uptime and stability of our Services;
Issues related to the proper functionality of HubforHost User Area, including tools and features provided by HubforHost, such as auto-update services, caching, staging, integration for currently supported SSL certificates, daily backup, control panels, CDN and other;
Assistance related to settings and proper usage of the tools and features provided by us;
Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from HubforHost to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.
15.3 Issues outside the scope of free technical support
Certain issues are outside the scope of our free technical support:
Issues related to the installation of third-party scripts/applications not provided by HubforHost;
Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.;
Issues related to web design, web development and/or customization;
Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions;
Website security audits and malicious code clean-up issues.
If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.
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