Hostinocean

Terms and Condition / Policy

The terms and conditions described herein govern your purchase and use in any manner of all products and services ordered by the Client and provided by Hostinocean.

By purchasing and using the services you agree to all of the terms and conditions outlined here. 

Hostinocean reserves the right to modify any of the terms and conditions contained within this agreement at any time and for any reason.  The company can make modifications to the terms and conditions without notice to the Client. The continued use of the service implies you agree with the changes and agree to be bound by them.

Payment Terms :

Client agrees to pay for service using credit card , paypal and any future renewals will be billed to the same card unless otherwise canceled.  Payment will be billed monthly or annually depending on the package selected and agreed upon. Payment will be made for the selected term.

Term and Termination :

This Agreement is effective from the date services are purchased and will continue until terminated by either party. Client has the right to terminate services at anytime. Company has the right to terminate services within 5 days of providing a written notice for any reason but also including failure to pay or breach of the terms and conditions. 

Upon termination for any reason, all data stored on the Client account will be deleted and cannot be restored.

Website Content :

You are permitted to upload, store, publish, display and distribute text, images and videos through our services. This includes any content added by you or users of your website. You agree that in use of our services you hold the right to post the content on your website.

The client holds full rights to all content and no rights are held by the Company.

Account Eligibility :

By purchasing services you agree you are eighteen (18) years of age or older as the services provided are solely intended for users eighteen years of age or older. Any registration or use of the account by anyone under the age of eighteen (18) is in violation of this agreement.

If the provided service is used by another party on behalf of the client, as the other party you agree to be bound to this Agreement and to use the service responsibility as intended by the Client. 

Account Information :

We will reach out to you in the even their is a problem or issue with your account that requires your attention. It is your responsibility to keep your contact information up-to-date. The Company cannot be held responsible for your inaccurate or out-of-date information. 

Account Usage :

You are responsible for any and all use on your account. It is your responsibility to keep your account confidential.

In the event of non-payment, the Client is not permitted to use the website in any manner.

Accounts cannot be used to host websites not owned by the Client.  The Client does not have the right to resell any portion of the account.

Client Support :

The Company provides support through the email helpdesk. You can expect a response within 24 hours and you should expect a response during standard business hours.

Censorship :

Company will exercise no control whatsoever over the content of the information passing through the network, email or web site. Client agrees to only store information on their account in agreement with the terms and conditions. The Company does not monitor the data on any website and the Client is solely responsible for any sensitive information displayed or submitted on the website.

The Company has the right to remove any portion of a website to take corrective action at the sole discretion of the Company. The Company also has the right to suspend or terminate services without a refund in the Client is found to be in violation of the terms and conditions. The Company does not hold any liability for any corrective action that was required to be taken. 

The Company has the right to refuse any subject matter it deems inappropriate.

Warranties :

Company makes no warranties or representations of any kind for the service provided.  Company is not responsible for any loss or damages that may be suffered by Client from delays or errors of the Client. It is the Client’s responsibility to maintain a regular back-up of any data stored in the Client’s account including website, database, files and any other data. 

Company does provide back-up services at an additional fee to assist the Client with back-up of data if desired. 

Company works hard to maintain all equipment associated with the service so it performs optimally, however, as with all technology on occassion there may be disruptions of service. In the event of service failure, the Company is limited to damages of the pro-rata monthly charge during the time of service interruption. 

Permissions and Releases :

The Client agrees to indemnify and hold harmless the Service Company against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Transfer of Agreement :

Client may not assign or transfer this Agreement.  In the event that Client assumes a new owner due to sale of the company or any other reason, the Client shall notify Company in writing at least 30 days prior to the effective date.

Third Party Products and Services :

The Company may provide referrals to third party products and services. It is the Client’s responsibility to confirm the terms and conditions of the third party products and services as the Company is not an agent or representative of any kind of any third party. The Company is also not responsible for any content displayed on on third party websites.

Indemnitication :

Both Client and Company agree to defend each party against any third-party claim or suit alleging and breach in accordance with these terms and conditions. Customer shall indemnify for all losses, damages and liabilites including all reasonable expenses incurred by the Company Name as a result of the claim. The Company shall also indemnify the Client for for all losses, damages and liabilites including all reasonable expenses incurred by the Client as a result of the claim.

Governing Law and Jurisdiction :

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State . The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Limitation of Liability :

The liability of the Hostinocean shall not exceed the amount paid by the customer during the 3 months prior to the date of the claim.  The Company is not liable for any loss of use, data or interruption in business or service whether the cause was direct or indirect.

Domains :

Domain Renewals:
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Hostinocean Billing department to cancel any domain registration at least thirty (30)days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Domain Name Fees:
If your plan includes a free domain name and you cancel within 1 year, our standard fee of $16.99 for the domain name (and any applicable taxes) (the “Domain Name Fee”) will be deducted from your refund.

Resource Usage :

  1. Shared Hosting
    1. Acceptable Use Policy. Disk space is intended for use in accordance with Prohibited Uses and limited to web files, active email and User Website content only. Shared hosting space may not be used for storage, including without limitation, of media, emails, as offsite storage of electronic files, or FTP hosts. Hostinocean expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Hostinocean may, in its sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Hostinocean’s terms and conditions.
    2. Excessive Server Resources. Use of Hostinocean’s resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (in excess of 5000 database tables) or an excessive database size (in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event that you exceed these amounts, Hostinocean may request that you reduce the number of files/inodes, database tables, or total databases to ensure optimal server performance. Hostinocean reserves the right to terminate your account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
    3. Bandwidth Usage.  Shared servers are not limited in their bandwidth allowance. However, this hosting plan for specifically design considering Small and medium business. we have already mention the Maximum number of user support in our plan. So be careful while choosing plan and keep a bandwidth in mind.
    4. Disk Usage. we have put some limit on disk space at the beginning of package to restrict violation of resource usage. However, there is no extra charges using complete disk space with in a limit.
      • Eg. we have consider the 1 website disk space = 4GB Max

Prohibited Uses :

  • You may not directly or indirectly use the Services in connection with any of the following
    1. You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Hostinocean to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
      1. Disclosing sensitive personal information about others;
      2. Storing personal or sensitive information, including without limitation, “Protected Health Information” as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);
      3. Phishing or engaging in identity theft;
      4. Distributing computer viruses, worms, Trojan horses or other malicious code;
      5. Promoting or facilitating prostitution or sex trafficking;
      6. Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
      7. Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children);
      8. Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
      9. Gambling;
      10. Promoting or facilitating violence or terrorist activities; or
      11. Infringing the intellectual property or other proprietary rights of others.
    2. Excessive Use of Resources or Network Abuse
      You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:
      1. Hosting or linking to an anonymous proxy server;
      2. Operating a file sharing site;
      3. Hosting scripts or processes that adversely impact our systems; or
      4. Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
    3. Unauthorized System Access
      You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation
      1. Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
      2. Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
      3. Intercepting or monitoring data without permission; or
      4. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Hostinoncean’s website or servers for any unauthorized purpose.
  • WordPress Plugins.
  • If you install or use WordPress plugins operated by Automattc on your hosting account (including, for example, Jetpack), you also acknowledge and agree to (1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of data as described therein.
  • Price Change
    • Hostinoncean reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Hostinocean through the user billing tool or through other methods of communication, including notices sent or posted by Hostinocean.
  • Coupons
    • Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect

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