Terms Of Service

EZERHOST provides web hosting, Windows hosting, email services, domain registration, reseller hosting, Cloud VPS and dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on EZERHOST. You shall agree to use only licensed and legal third party software in connection with your use of our services. EZERHOST reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when EZERHOST decides that the account has been inappropriately used or otherwise.

INDEMNIFICATION

  • • Customer agrees that they will protect, indemnify, save and hold EZERHOST harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against EZERHOST, 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 it’s customers, agents, employees or assigns.
  • • Customer agrees to defend, indemnify and hold EZERHOST harmless against liabilities arising out of –
  • • Any injury to person or property caused by any products sold or distributed in association with EZERHOST’s Services.
  • • The loss of any electronic files furnished by the customer (Or customer’s customer).
  • • Copyright violation and any defective products sold to a customer from EZERHOST’s Services.

CONDITIONS

  • • EZERHOST reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian law is prohibited. The list of banned content includes, but is not limited to :-
  • • Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
  • • Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above.
  • • Also includes any sites which provide “links to” or “how to” information about such material.
  • • Games – We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.
  • • IRC Hosts – Hosting host an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
  • • We do not allow any kind of mining activity (Data mining, Crypto currency mining) on our servers.
  • • Prohibited Contents also includes, but is not limited to :
  • • Any Automated Bots
  • • Warez Sites
  • • Hate Sites
  • • Child Pornography
  • • EZERHOST reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.
  • • Refer General Acceptable Use Policy for complete details on prohibited content and activities.
  • • In compliance with DMCA act, EZERHOST has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected]

ABUSE OF RESOURCES

  • • Any attempts to compromise or actual compromise of a network device belonging to EZERHOST or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • • Denial of Service (DOS) attacks directed at EZERHOST, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • • Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • • The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.
  • • The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  • • Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
  • • If any client is in any way disrespectful towards any member of the EZERHOST staff we have full right to remove them from our services without any refund.

UNSOLICITED COMMERCIAL E-MAIL/UNSOLICITED BULK E-MAIL (SPAM)

  • • Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
  • • Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer’s access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $250.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $500. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
  • • We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  • • We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.

BANDWIDTH

If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.

ACCOUNT VERIFICATION

If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.

VPS RULES

We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS’ themselves. The support team will not be responsible for this. With windows VPS, we provide an evaluation version that can be re-activated every 6 months.

COMMERCIAL ADVERTISING- EMAIL (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

  • • Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. EZERHOST would be the sole arbiter as to what constitutes a violation of this provision.
  • • In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server hardware node give us optimum performance we have set limits on the number of outgoing mails which can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 500 outgoing mails per hour, our VPS customers would be able to send 1000 outgoing mails every hour and the Cloud hosting customers may send 1500 outbound mails per hour. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.

SOFTWARE/WEB PANEL/API CHANGE

In case of a change in the price of third party Software/WebPanel/API Change customers has to follow the new price. We will send new separate invoice & customers has to pay the new invoice. Failing to which EZERHOST reserves the right to suspend and terminate the account.

BACKUP POLICY

  • • Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. EZERHOST does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  • • You as a EZERHOST User agree that in no case, EZERHOST can be held responsible for the loss of data in any circumstances.
  • • Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by EZERHOST will not have any emails or media file included in it.
  • • Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

UPTIME GUARANTEE

  • • Any service interruptions or downtime due to scheduled maintenance by EZERHOST or our network providers will not count towards the uptime guarantee. EZERHOST is not liable in any way for failure of third party services.
  • • EZERHOST will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
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SECURITY

    • • You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
    • • Your password provides access to your account. It is your responsibility to keep your password secure.
    • • Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
    • • Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
    • • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
    • • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
    • • You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. EZERHOST will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
    • • PHP mail() function is disabled on all our shared and reseller servers. If you wish to send email from your website or contact forms, you will have to use SMTP authentication.

BILLING POLICY

  • • If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.
  • • The 14 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
  • • There will be no refund for domain registration/transfer/renewal, cPanel, Plesk, Webuzo, Control Panel, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, SpamExperts, Windows OS, SQL, and any other paid licenses.
  • • The money back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting and Email hosting.
  • • No refund will be made if your Service(s) are suspended or terminated for cause.
  • • There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won’t be eligible for refund in such cases.
  • • The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 14 days period or beyond coverage of our refund policy as noted here. And the refund will only be applicable if any issues from our side and we are not able to resolve it.
  • • If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with EZERHOST if you fail to pay the difference amount.
  • • Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.
  • • The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.
  • • The refund request placed after 14 days will not be processed and you will not be eligible for any refund.
  • • The cancellation request should be sent through client area.
  • • After sending the cancellation request, it would take 40 – 50 working days to complete the refund process.

WEB HOSTING DISCOUNTS

  • • EZERHOST often offers discount and special offers to customers. These are limited period offers and its valid for the first term only. The discounted price will not be applicable on renewals. After completing the initial term the hosting plans will automatically renew at the regular rate.
    Migration
  • • Migration from one panel to another panel will be Charged extra and you can contact us for support plan pricing.

Support

The standard response time is 60 min for any technical support, it may be less or more depending on ticket queues and type of error. It is applicable for all plans including shared, Reseller, WordPress, Unlimited Hosting Plans cloud & Dedicated Servers. However, you can buy premium support packages for fast support.

REFUSAL OF SERVICE

We reserve the right to refuse, cancel, or suspend service at our sole discretion. EZERHOST reserves the right to modify / change the terms of service at all times without any notice. All customers would be bound by the newest terms published on the website.

JURISDICTION

The jurisdiction of all matters would be at New Delhi, in case of any dispute.

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