This Terms of Service Agreement (this “Agreement”) is entered into by and between OdishaHost and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of OdishaHost services (“Services”) purchased or accessed through the OdishaHost website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through OdishaHost
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
- Acceptable Use Policy
The terms “we”, “us” or “our” shall refer to OdishaHost. The terms “you”, “your”, “User” “Subscriber” or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
OdishaHost, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
Last Revised Date: October 27th, 2022.
2. ELIGIBILITY AUTHORITY
This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this agreement, OdishaHost finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. OdishaHost shall not be liable for any loss or damage resulting from OdishaHost’s reliance on any instruction, notice, document or communication reasonably believed by OdishaHost to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, OdishaHost reserves the right (but undertakes no duty) to require additional authentication from you.
(a) Domain names registered through OdishaHost will be sponsored by HostControl.
In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to OdishaHost 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. If OdishaHost has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, OdishaHost reserves the right, in its sole and absolute discretion, to suspend or terminate your account. 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 number/login, password and payment method(s). For security purposes, OdishaHost recommends that you change your password at least once every six (6) months for each account you have with OdishaHost. You must notify OdishaHost immediately of any breach of security or unauthorized use of your Account. OdishaHost will not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by OdishaHost or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.
3.1 The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation
3.2 A Registered Name Holder’s willful provision of inaccurate or unreliable information, its willful failure to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by OdishaHost concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.3 Any registered name holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.4 The Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.5 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.
3.6 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3.7 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.
4. RULES OF CONDUCT
You agree not to host, display, upload, modify, publish, transmit, update or share any information that —
i) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
ii) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonate another person;
viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting any other nation.
Further, you acknowledge and agree that:
– Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.
– You will not collect or harvest (or permit anyone else to collect or harvest) 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 found at this site in a manner (as determined by OdishaHost in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
Promotes, encourages or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking;
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 false or deceptive language, or unsubstantiated or comparative claims, regarding OdishaHost or OdishaHost’s Services.
– You agree to back-up all of your User Content so that you can access and use it when needed. OdishaHost 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 will not use this Site or the Services found at this Site, including any of OdishaHost’s related technologies, for any commercial use without OdishaHost’s express prior written consent.
OdishaHost reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
No refund will be processed if you violate any of the above “Rule of Conduct”.
5. MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY
OdishaHost generally does not pre-screen User Content (whether posted to a website hosted by OdishaHost or posted to this Site). However, OdishaHost reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. OdishaHost may remove any item of User Content (whether posted to a website hosted by OdishaHost or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by OdishaHost in its sole and absolute discretion), at any time and without prior notice. OdishaHost may also terminate a User’s access to this Site or the Services found at this Site if OdishaHost has reason to believe the User is a repeat offender. If OdishaHost terminates your access to this Site or the Services found at this Site, OdishaHost may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
6. ADDITIONAL RESERVATION OF RIGHTS
OdishaHost expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by OdishaHost in its sole and absolute discretion), including but not limited to the following:
(i) to correct mistakes made by OdishaHost in offering or delivering any Services (including any domain name registration),
(ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry,
(iii) to assist with fraud and abuse detection and prevention efforts,
(iv) to comply with applicable local, state, national and international laws, rules and regulations,
(v) to comply with requests of law enforcement, including subpoena requests,
(vi) to comply with any dispute resolution process,
(vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
(viii) to avoid any civil or criminal liability on the part of OdishaHost, its officers, directors, employees, and agents, as well as OdishaHost’s affiliates.
(ix) OdishaHost reserves right to access, use, modify, download, execute your files, database, mails, etc. from your shared hosting or reseller hosting account to provide support, training or solve your technical issues with or without taking/seeking your permission,
(x) Odishahost reserves right to transfer accounts across our servers for better quality and performance of the server time to time. In such case we will inform you by mail about the transfer and you will have to update the IP/name servers accordingly.
In case of VPS or Dedicated Servers with root access, we will solve your queries and provide support only when you provide us the login details.
OdishaHost expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
7. NO SPAM POLICY
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward OdishaHost, but also because it can overload OdishaHost’s network and disrupt service to OdishaHost’s subscribers. Also, maintaining an open SMTP relay is prohibited.In such a cases, Refund will not be provided.
8. SERVICE LEVEL AGREEMENT
OdishaHost is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the Term of the applicable Master’s Agreement, the Services will be operational and available to you as a customer for a guaranteed time in any calendar year.
OdishaHost aims to achieve 99% Service Availability of its Services for all customers. In case of failure of OdishaHost to meet the guaranteed level of service, you will be eligible to receive the Service Credits as described below, with the credit being calculated on the basis of the monthly service charge for the affected Services:
But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
Circumstances beyond OdishaHost’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against OdishaHost’ network;
Scheduled maintenance and system upgrades, or emergency maintenance;
Any DNS or Domain Name Registry issues outside the direct control of OdishaHost including DNS and Registry propagation issues and expiration;
Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer’s account in breach of OdishaHost Terms and Conditions and Acceptable Use Policy;
Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;
Delays in e-mail delivery;
False SLA breaches reported as a result of outages or errors of any OdishaHost measurement system;
Outages elsewhere on the Internet that hinder access to your account. OdishaHost is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.
9. RETENTION & BACKUP POLICY
The system logs of the servers would be retained as a backup in our server for at least 1 (one) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a OdishaHost user agree that in no case, OdishaHost can be held responsible for the loss of data in any circumstances.
Your use of the services is at your own risk. the company does not maintain backups of services purchased by you. You should not rely on the company for backup. It is solely your responsibility to maintain backups. The Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the company’s servers.
10. TRADEMARK AND/OR COPYRIGHT CLAIMS
OdishaHost supports the protection of intellectual property. Further:
a) Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is illegal while using services under this Agreement.
b) Customer acknowledges that OdishaHost cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
c) Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
d) In case of any notice received under DMCA or otherwise for Intellectual Property violation. OdishaHost reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.
If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in Electronic Communications / Notices of this agreement.
11. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by OdishaHost. OdishaHost assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, OdishaHost does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release OdishaHost from any and all liability arising from your use of any third-party website. Accordingly, OdishaHost encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. OdishaHost, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OdishaHost, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND OdishaHost ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY OdishaHost, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
ANY CLAIMS/COMPLAINTS/DISCREPANCY/MANIPULATION OF DATA BY DEVELOPER OR CLIENT OR ANY LEGAL THREATS WILL NEVER BE ENTERTAINED will never be entertained by Odishahost. YOU AS A USER OF ODISHAHOST ARE SOLELY RESPONSIBLE FOR DATA.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL OdishaHost, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
(X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT OdishaHost IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(XI) NO SUPPORT WILL BE PROVIDED FOR UNAUTHORIZED ACCOUNTS/THIRD PARTY CLIENTS,
(XII) PURCHASE OF UNMANAGED SERVICES IS TOTALLY CUSTOMER’S RESPONSIBLITY. THEREFORE NO SUPPORT, NO SURETY OF BACKUPS(TAKE YOUR OWN BACKUPS). IN SUCH CASE ODISHAHOST SHALL ONLY REINSTALL OR REBOOT SERVER AND CAN ONLY KEEP SERVER IN RESCUE MODE.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall OdishaHost’s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action.
DELIVERY OF EMAILS INTO INBOX IS SOLELY UNDER THE CONTROL OF THE RECEIVER EMAIL SERVICE PROVIDERS LIKE GMAIL, YAHOO , OUTLOOK , MICROSOFT etc. We have no cntrol over the delivery of emails into the inbox as they do not prefer Unlimited Email providers under a good reputation since many users create too many Email accounts within the same server as there is no limit. Wherever there is no limit for Email accounts, There is a high chance Email sometimes goes into spam. Odishahost does not take the liability of the Emails delivery into inbox. Howerver, if you need assurance of Email delivery into inbox, you much use Emails from limited Email providers like Zoho, G-suite , Sendgrid etc. You can point the MX records towards them to integrate with Odishahost. Asking our support to control the delivery and make them into inbox is not recommended. If you ask repeatedly about the same, this will be treated as the Abuse of our support system.
You agree to protect, defend, indemnify and hold harmless OdishaHost and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by OdishaHost directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
16. FEES AND PAYMENTS
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.
Non refundable Fees: Fees paid by Subscriber in connection with the purchase of installation fee, VPS, dedicated servers, SSL certificates, domain privacy, domain names and licenses are non-refundable.
No refund to be processed in case your account is in suspended state due to non payment. Also note that, no backup of data will be provided in case your account is suspended due to non-payment.
Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time. There will not be any refund given for the amount already paid if the subscriber does not qualify for the refund policy.. Cancellation requests need to be placed via the client dashboard by clicking on My services, then on Manage and then on the Request cancellation button. Cancellation requests sent via e-mail will not be considered legitimate and you will still be billed for the Services until a legitimate cancellation request is placed. Cancellation requests may take up to 7 days to be completed.
The money back guarantee is applicable for new clients only. New orders from existing clients do not qualify for our money back guarantee program. We give only prorata refunds. A prorata refund policy means that we subtract the number of days a client has already used the hosting account and then we refund the amount for the left over time period only. You can request a refund if you place a cancellation request within the period of days covered by your service’s money back guarantee. Different services have different money back guarantee terms, below you can see if your service is covered by our money back guarantee and under what terms:
30 days money back guarantee: Web hosting, Reseller hosting On 1 Year, 2 Year, 3 Year Plans.
5 Days money back guarantee: Web hosting, Reseller hosting On 3 Months Or 6 Months
3 Days money back guarantee: Web hosting, Reseller hosting On 1 Month Plan
No money back guarantee: installation fee, VPS, dedicated servers, SSL certificates, domain privacy, domain names and licenses or custom software installs.
If the moneyback guarantee period has expired for your service, you are not eligible for a refund. Violation of the terms of service will waive the refund policy.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
We will refund your money ONLY if you have any technical issue with our services. No refund will be made if your Service(s) are suspended or terminated. Your refund request has to be justified with valid technical issue faced due to services If you request for a refund after 30 days, Your refund request cannot be processed.
We do not refund when customers host illegal contents such as a copyrighted content. We do not allow hosting illegal contents such as mp3 or video or audio files without proper copyrights.
No refund will be made if your Service(s) is suspended (due to Email Marketing/Email Abuse/Misuse of our service/Inappropriate/Illegal/Immoral/Account Over-use) or terminated.
17. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
18. COMPLIANCE WITH LOCAL LAWS
OdishaHost makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
19. GOVERNING LAW
Customer agrees to use the service in compliance with applicable law and this Agreement, in particular, Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Further:
a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Banda, U.P., India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
20. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
21. DOMAIN RENEWAL
Domain renewal notices are provided as a courtesy reminder and OdishaHost is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. It is a responsibility of the client to verify the domain renewal is successful or not, rarely under unfortunate circumstances, domain renewal may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain renewal, a client should get back to OdishaHost within 7 working days. The client should update the support team by writing Email to [email protected]il.com to rectify the problem.
OdishaHost accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.
22. DOMAIN REGISTRATION
It is a responsibility of the client to verify the domain registration is successful or not, rarely under unfortunate circumstances, domain registration may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain registration, client should get back to OdishaHost within 7 working days. The client should update the support team by writing Email to [email protected] to rectify the problem.
OdishaHost accepts no liability for the loss of any domain that has failed to register due to an invalid/insufficient information provided to us, late payments received or technical faults which are beyond our control.
23. ELECTRONIC COMMUNICATIONS / NOTICES
a) Any notice or other communication required or permitted to be delivered to OdishaHost under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to [email protected]
c) All official / legal communications and correspondences with Skillvent Technologies Pvt Ltd has to be done in the English language only. Any correspondence received in any other language other than English will not be permissible and no legal action can be taken against Skillvent Technologies Pvt LTd in such scenarios.
Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on OdishaHost that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
OdishaHost Pvt Ltd
Baripada, Odisha – 757020
Otherwise also, if you have any questions about this Agreement, please contact us at the above address.
24. YOUR RESPONSIBILITIES
It is your responsibilities to comply with applicable law and obligations for the services used. In addition, You are responsible for the security of your website/content/images/files/anything stored on the server under your account and also for maintaining backup of your content and immediately removing malware/virus/malicious files.
Data stealing, grabbing backups/files/databases/emails etc. of other customer’s account is a serious offence. Odishahost is not responsible for these in any circumstances.
a) Your account & data will not be available on failure to renew the service on time. The system will automatically delete your data after 15 days of overdue date if you fail to renew on time.
b) Domain registration is subject to availability of domain name at the time of registration.
c) OdishaHost cannot be held responsible for any failure of a domain or website transfer from other service providers. When transferring a domain from other service providers under some situation it may not be technically possible to transfer it successfully due to wrong EPP code or blocking the domain by other service provider or any other reasons, user understands that it is their responsibility to ensure that the domain is renewed with other service provider or transferred to OdishaHost successfully.
d) OdishaHost provides dedicated server based on virtualized environment such as VMWare or KVM to provide quality service and better uptime.
e) inode limit – The total number of inode can be used by a customer is based on the plan, What you have chosen and paid for.
f)We provide support through chat, email, support tickets and calls. Our techniacal and sales support timing is from 10:00 am to 6:00 pm IST from Monday to Saturday. Our support may not be available on public holidays in India.
g) We provide instant account activation for our shared and reseller web hosting plans. VPS servers are activated within 2 hours. Dedicated servers are activated within 2 working days if we have the requested hardware in stock. If you require a custom setup we may need more time to deliver it from our vendor. Any account may take more time to be activated if it fails the initial verification. In that case, we will contact you with details and steps to complete the verification process.
h) OdishaHost does free transfers of accounts to its servers from providers that use cPanel and allow transfer through cpanel API. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the nameservers. If something is wrong with the account after the move and it wasn’t moved correctly it is your responsibility to fix it. In 99% of the transfers there are no problems but we do not guarantee that. We do transfers just because of courtesy to our clients. Odishahost may time to time change the IP of servers, perform migration of servers and perform maintenance which may or may not be informed from beforehand. Any new order which is still in pending status due to non payment can be cancelled and deleted within 15 days from the date of order placed.
26. PROHIBITED CONTENT
- Customer agrees to use the Services for lawful purposes only. OdishaHost prohibits the following content on our servers and network.
- Anything related to IRC
- Proxy Scripts
- Downloading websites like music/media/mp4/movies/softwares etc is prohibited in Linux shared hosting and Linux Reseller hosting plans.
- Anything related to torrents
- Starting background processes on shared servers
- Warez, hacking tools, exploits
- Sites promoting illegal activities
- IP Scanners
- Hacker focused sites
- Valid only for .in regsitry TLDs. Customers cannot book any domain that has registered trademark name of other company/name/etc, for eg., amazonaffiliates.in, amazon-deal.in, amazn.co.in, delllaptop.in, vodafoneidea.in, facebookfollower.in, instagramfollower.in, googlesearch.in, googleindia.in, etc.
In case we find that any customer has registered a domain name which is a registered trademark name of other company/name/etc, for eg., amazonaffiliates.in, amazn.co.in, delllaptop.in, vodafoneidea.in, facebookfollower.in, instagramfollower.in, googlesearch.in, googleindia.in, etc, or any porn related domain names then we have a right to delete particular domain / suspend the account. No refund will be given.
Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Customer agrees not to use our Linux shared hosting (HDD) or Reseller Hosting (HDD) hosting space as a storage server for storing backup files like tar.gz , zip , or heavy storage backup files. If we find backups stored in your account they will be removed automatically. Customer is responsible to keep their accounts up to date and secure at all times. Also, we do not allow mp3, mp4, flv, movies, softwares etc. or any multimedia files to be hosted in this plan. However, If you still want to host such files, then please use Linux Shared hosting (SSD) , Linux Reseller Hosting (SSD) , VPS or Dedicated Server plan only.
Since HDD type Hard Disk does not have high data read/write capacity, hosting contents like html, css, js, PHP, jpeg , png or .ico files of more than 20 MB file size is considered bad and unoptimised. This makes the performance of the server slow. Please optimise such files before hosting them as we do not consider such unoptimised files to be hosted in our Shared HDD Server.
Customer is self responsible for their data and its protection. OdishaHost does not take the responsibility of site getting hacked, malware attacked, virus uploads, unauthenticated logins or data loss. Customer should maintain their own backups and download to their local systems whenever required for their data safety.
27. REACTIVATION FEE
In case your server is suspended due to any kind of malware or phishing or prohibited content then a reactivation fee of Rs. 4000 INR. There will be no rebate on this so do not request for rebate.
28. INODES LIMIT
For Shared SSD Plans – 6Lakh Inodes
For SSD Reseller – 6Lakh Inodes per cpanel
1. Cron Abuse
In any case, cronjob should not be less than once in 6 hours. (For Shared HDD & Reseller HDD Hosting users). Investigation/questioning/suspension can occur if any cpanel breaches this limit.
In any case, cronjob should not be less than once in 1 hours. (For Shared SSD & Reseller SSD Hosting users). Investigation/questioning/suspension can occur if any cpanel breaches this limit.
2. Resource Consumption Abuse
Mysql process and other CPU consumption – Any cPanel account should not consume more than 4gb ram or more than 20 entry process or too many mysql threads. Site should not abuse the server by consuming too much cpu load or RAM.
3. Comminication Abuse
Use of abusive language on any of support medium is strictly prohibited. If found under any circumstances this may lead to suspension/termination of services without any prior information or may lead to suspension from further/future support on support media. Calling too frequently (like more than 3 times in 5 minutes) will be considered as phone call abuse. This will also be considered as same