This Universal Terms of Service Agreement (“Agreement”) sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through InfoBahn from our partners and/or affiliates (collectively “Services”).
In this Agreement “You” and “Your” refer to You as the user of our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “Us” and “Our” refer to InfoBahn and/or InfoBahn Technologies, as well as its subsidiaries and sister companies. This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
You agree that InfoBahn may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes Your agreement to be bound by this Agreement as last revised. If You have purchased Services from InfoBahn, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as You take advantage of and use the Services.
Accounts; Accurate Information; Transfer of Data Abroad
Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, You will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify InfoBahn within five (5) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by InfoBahn to determine the validity of information provided by You will constitute a material breach of this Agreement.
If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.
You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, support pin code, password, API key (if any) and any/all content which might include payment details.
You must notify InfoBahn immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. Further, You agree that We may charge You administrative fees equal to $50 (US Dollars) per hour for Our time spent in relation to said matter, regardless of whether or not We return control over the Account and/or domain names in question to You.
You represent and warrant to InfoBahn that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by InfoBahn shall not be used in connection with any illegal activity.
You expressly (i) grant to InfoBahn permission to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by InfoBahn under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
By using any Services, provided by InfoBahn You agree:
- not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- not to make, attempt or allow any unauthorized access to InfoBahn website, servers, your own hosting account or the account of any other customers of InfoBahn.
- not to allow any remote code execution of malicious software through the hosting account provided by InfoBahn.
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against InfoBahn servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use InfoBahn services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- not to engage in or to instigate actions that cause harm to InfoBahn or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. InfoBahn reserves the right to refuse service to anyone upon Our discretion. Any material that in InfoBahn judgment, is either obscene or threatening is strictly prohibited and will be removed from InfoBahn servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, InfoBahn will take corrective action upon our own discretion and will notify You. InfoBahn decision in such case is binding and final, and cannot be a subject of a further change. InfoBahn cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to InfoBahn or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. InfoBahn will not be liable for any loss or damages in such cases.
Email & Anti-Spam Policy
- Usage of the InfoBahn network and systems to receive replies to unsolicited mass e-mail messages.
- Forgery of e-mail headers (i.e.”spoofing”).
- Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
- Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
- Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
- Hosting any web pages or providing any services that support spam.
- Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
- Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
- If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a ₹25,000 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.
User Of Email Services
You should use email and other related services in full compliance with the terms below:
In order to safeguard overall server performance, You may send and/or forward not more than the number of emails quota allotted to your account as mentioned on the respective product pages.
InfoBahn may, at its sole discretion, limit the volume of email messages You can deliver through our services. InfoBahn may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. InfoBahn may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will InfoBahn be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
Additional Acceptable Use Policy for Virtual accounts
Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server.
Any shared/reseller account may use no more resources than outlined below
|CPU Limit, %||20||30||40||50|
|Physical Memory Limit, GB||256MB||512MB||768MB||1GB|
|maxEntryProc limit, N||10||15||25||35|
|We may allow CPU bursts upto*|
|CPU Limit, %||50||100||150||200|
SSL Shared Hosting
|CPU Limit, %||20||30||50|
|Physical Memory Limit, GB||256MB||512MB||1GB|
|maxEntryProc limit, N||10||15||35|
|We may allow CPU bursts upto*|
|CPU Limit, %||50||100||200|
*The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
The decision to upgrade shall rest solely with InfoBahn and shall be made in its reasonable discretion.
Anything ‘Unlimited’ sounds fantastic. When it’s related to web hosting service, it feels too good to be true doesn’t it? Every web hosting firm provides you with various ‘Unlimited’ plans ‐ be it Unlimited Hosting, Unlimited Bandwidth, Unlimited Space, etc. So what does ‘Unlimited’ really mean? Does it mean that you can put up whatever you like on your website and no one will object? That isn’t the really the case.
Unless you are using Dedicated Servers, a normal hosting package uses shared resources i.e. multiple users share the same server resources such as RAM, Processor, Storage et cetera. As technology & the capabilities of our servers continue to grow, we can continually allow you to do more with your hosting package and its bandwidth. The way shared hosting is sold has undergone substantial changes over the years. In earlier times hosting companies and consumers would obsess over every single parameter. But with today’s robust technology, we can afford to declare all parameters unlimited except a few because in theory we can afford to offer nearly limitless resources to most customers who choose to host with us.
For most users our hosting packages shouldn’t be a problem and our unlimited parameters will never reach its threshold or ‘soft’ limit so to speak. Nonetheless, if you do manage to hit our resource limits while legitimately hosting a website with us feel free to get in touch with us and we will make sure we provide you with the best solution possible!
As of now we do not limit MySQL usage per account in terms of query execution time, However we might limit MySQL usage per account if deemed necessary in due course of time. However the number of databases are limited as per you hosting package.
Availability of Website & Services
We shall make commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.
Any Service interruption deriving from failure or deficiency of InfoBahn infrastructure and equipment may not be eligible if caused or associated with such things as but not limited to:
- DDoS or similar attacks on Our servers.
- third-party software failure.
- You maxing Your resource container.
- issues resulting from errors or omissions by You.
- interruptions caused by You from custom scripting, coding or the installation of third-party applications.
- network conditions across the internet (outside of our network), such as between Your ISP and Our data center.
- firewall blocks/bans.
- browser or DNS caching issues.
- outages related to the reliability of certain programming environments.
- any other circumstances beyond our control or that are not reasonably foreseeable.
- any act of God or force majeur which results in the failure of the service.
All remedies are at the discretion of InfoBahn, based on its investigation of any issue that is covered by this section.
If InfoBahn provides a remedy as described above, or Guarantee, for a particular Service, this shall be Your sole and exclusive remedy for defects in, or issues with, the Service. InfoBahn shall not be liable for any consequential or indirect loss or damage caused by the failure of Service.
Storage and Security
At all times, You shall bear full risk of loss and damage to hosting account content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on InfoBahn servers; and (iv) ensure the confidentiality of Your password. InfoBahn services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and InfoBahn shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
For our wp-Scale, wp-Summit & SSL Shared – Professional, we offer Code Guard differential backups included with the package. All Code Guard Policies are in full force with the purchase. Limits for the same are posted on the product page (Compare Plans & Limits). We also offer full account backup using Direct Admin backup & restore. InfoBahn’s control panel is backed by Direct Admin Control Panel & Softaculous for WordPress Management. When using Softaculous backup rotation option, you are allowed to set 4 copies maximum per account.
You are responsible for your data. That being said though we take daily backups of our servers and maintain those backups for 24 hours, we strongly recommend you make regular backup and save a local copy on your computer.
Your billing date will be determined based on the day You purchased the Services and the payment cycle plan. If You selected the automatic renewal option when signing up, InfoBahn will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then current InfoBahn rates.
Cancellation & Termination Policy
The initial term of Your Agreement with InfoBahn shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, if You selected the automatic renewal option when signing up, Your agreement with InfoBahn shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party.
This Agreement may be terminated: (i) by You by submitting a cancellation request via the Help-desk support system at least three (3) working days before the Service is due to renew; or (ii) by InfoBahn at any time, without prior notice and all payments forfeited, if, in Our judgment, You are in violation of any terms or conditions herein; or (iii) in Our sole judgment, Your use of the Services places or is likely to place unreasonable demands upon InfoBahn or could disrupt InfoBahn business operations; or (iv) by InfoBahn if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and InfoBahn.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no prepaid fees will be refunded to You; and (b) that InfoBahn may take control of any domain name associated with the terminated Services, provided such domain name was registered through InfoBahn domain name registration.
In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs InfoBahn incurs in closing Your account. You agree to pay any and all costs incurred by InfoBahn in enforcing Your compliance with this Section. Upon termination, You shall destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, InfoBahn may delete all information related to You on the Services.
Termination Due To Non Payment
You must renew your services which are billed annually/semi-annually/quarterly atleast 15 days in advance and 3 days in advance for services which are billed monthly. Failure to payment of due on time (invoice due date) will lead to (i) Immediate suspension of services (ii) A grace period of 15 days to clear dues for Shared Hosting & WordPress Hosting Services (iii) Termination of Shared Hosting & WordPress Hosting Services on or after 15(th) days (iv) Domain name registration, suspension, renewal, denial of registration, restoration and redemption fee are government as per the actual policies by the respective registries and registrars expect to anything mentioned in this contract.
Third Party Software
We use third party software to maintain our servers and offer you an interface to manage your website. These softwares are developed by companies around the globe. Features provided by these softwares are subject to modification such as addition or removal features from time to time. These softwares read and write information from and to your hosting account as and when necessary. All policies and terms for all these softwares are in full effect along with any modifications in due time.
Virus Scan & Removal Policy
We scan our servers from time to time for malicious files to ensure a secure environment for all the websites and web hosting accounts on our server. We will permanently remove any malicious files without any prior notice.
Domain Names Policy
Domain names are subject to availability in real time. When you register a domain our websites sends a request to a Registrar who then send the request to the respective registry which holds the final right to approve or deny a domain registration/renewal/transfer request. Our website allows you to change your NS, however change of name servers can take 5 mins-72 hours. Our system sends the request immediately, after which the process is not under our control and we cannot do anything to expedite the same.
All policies of ICANN, the respective domain registrar and domain registry will be in full force for as long as the domain is maintained under InfoBahn.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, SSL SERVICES, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.