Terms & Condition - Hostpug

The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services, features and/or content provided by Hostpug (“Hostpug,” "us,", "our" ). Hostpug is the trade name of Hostpug Web Pvt Ltd. By purchasing one or more Services from Hostpug, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the Hostpug website. It is essential that you read this TOS prior to purchasing any Service(s) from Hostpug.

Customer & Reseller's Agreement

The TOS apply to all Services provided by Hostpug to you throughout the entire Term or Renewal Term. 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 Hostpug. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. Hostpug reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when Hostpug decides that the account has been inappropriately used or otherwise.

1.Content

Hostpug 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 applicable law or regulation is prohibited.The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.

Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events, Social media bots,SSM Panels, Fake Courier Websites. Websites promoting illegal activities or linking to other websites that promote illegal activities, Hosting/Streaming Videos/Music.

Website content that promotes or advocates human trafficking in any way shape or form as determined by Hostpug’s sole discretion, sites that promote prostitution, or escort services.

Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning

Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Hostpug.

Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.

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. It 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 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.

Hostpug reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.In compliance with DMCA act, Hostpug 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 abuse@hostpug.in

2.Resource Abuse's

Any attempts to compromise or actual compromise of a network device belonging to Hostpug 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 Hostpug, 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% 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 Hostpug staff we have full right to remove them from our services without any refund.

3.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 $100.00 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 $200. 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.

4.Storage & Bandwidth Policy

Hostpug provides unlimited storage & bandwidth with all hosting and reseller plans. Our "unlimited" storage/bandwidth means that we do not place any initial restrictions on your data usage. However, we do encourage you to consider upgrading your plan as your business or website's needs grow, especially if you anticipate heavy usage. Please note that shared environments, including shared hosting, reseller hosting, master reseller, and alpha reseller plans, are designed to accommodate initial and average levels of website traffic and resource consumption. Upgrading your plan is recommended if you require more resources to support high levels of usage.

5.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. Hostpug would be the sole arbiter as to what constitutes a violation of this provision

To maintain peak performance across our shared servers, cloud and VPS nodes, as well as dedicated server hardware nodes, we have implemented specific limits on the number of outgoing emails that can be sent per hour. As part of this policy:

1. Shared and reseller hosting customers are permitted to send up to 150 outgoing emails per hour.
2. Customers with VPS or Dedicated servers have the flexibility to adjust their email sending limits to suit their needs. However, it's important to note that in the event of a spam complaint being received, we reserve the right to temporarily block Port 25 for the affected VPS or Dedicated server. Additionally, if multiple abuse cases related to spam occur, we may choose to suspend the service until the spam issue is resolved.

These measures are in place to ensure the overall integrity of our email services and to promptly address any potential misuse that could impact the quality of service for all our customers.

We want to clarify that we do not provide a guarantee of inbox email delivery with any of our hosting plans. However, we do have a suggestion for improving email delivery rates: Consider obtaining a dedicated IP address when using our Shared, Reseller, Master Reseller, or Alpha hosting plans. While this option can potentially enhance your chances of achieving inbox delivery, it's important to note that we cannot guarantee it. The ability to deliver emails to inboxes ultimately depends on the policies and practices of email service providers such as Gmail, Yahoo, Outlook, and others. Please keep this in mind when managing your email communications.

6. 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. Hostpug 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 Hostpug User agree that in no case, Hostpug can be held responsible for the loss of data in any circumstances.

We don’t maintain any Backups for VPS/Cloud/Dedicated Servers.

Clients using Hosting Backup Manager tool for backups should download the backup from the server and delete it. Weekly once, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups

For clients who have opted for our paid backup service in conjunction with our shared, reseller, master reseller, and alpha reseller hosting plans, we want to outline our backup procedures:

1. Database Backup: We take daily backups of your database with a retention period of 7 days. This means that we store daily backups for a week, allowing you to restore your database to a previous state within that timeframe.
2. Website Files Backup: Weekly backups of your website files are performed, and these backups are retained for a period of 1 day. This means that we maintain a weekly snapshot of your website files, which is available for restoration within a 24-hour window.

It's important to note that any backup copies maintained by Hostpug do not include emails or media files. Our backup service is focused on safeguarding your website data and databases, ensuring that you have reliable access to these essential components in case of any issues or data loss.

7.Domain Policy

Domain Registrations: No refund is applicable once the domain is registered

Domain infringement: You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: saleamazon.in , flipkartbazar.in and more..

Domain Renewal: We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.

We don’t offer any Refund for Domain Registration/Transfer/Renewal in Any Case !

8. Unlimited Policies

What "Unlimited" means Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing.

What "Unlimited" DOES NOT mean Hostpug employs complex mechanisms to protect its hosting Subscribers and systems from any kind of abuse. Hostpug's "Unlimited" hosting offering is not for single or few hosting subscribers to unfairly or adversely impact the experience of other hosting Subscribers. Hostpug's service is offering shared hosting service, which means that multiple hosting Subscriber's websites are hosted from the same server and share server resources. Hostpug's service is designed to meet the typical needs of small and medium sized businesses across globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a VPS or a dedicated server. Hostpug will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Hostpug does place automated safeguards to protect against any website growing too quickly and adversely impacting the system until Hostpug can evaluate said sites resource needs.

Unlimited Hosting Space; excessive SQL Database Hostpug does not set any specific limits on the amount of disk space a hosting subscriber can use for their website, nor does Hostpug charge additional fees based on an increased amount of storage used, provided the hosting subscriber's use of storage complies with these Terms. Please note, however, that the Hostpug service is designed to host websites. Hostpug does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-topeer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting subscriber's account, with or without notice. Accounts with an excessive database size (i.e., more than 1 GB) negatively affect the performance of the server. Hostpug may request that the database size be reduced to ensure proper performance or may disable the Subscriber's account, with or without notice. Hosting subscriber's can create multiple databases however size of each database should not be more than 1 GB.

Unlimited File Transfer Hostpug does not set any limits on the amount of visitor traffic a website can receive or on the amount of content a hosting subscriber can upload to his/her/its website in a given month, nor does Hostpug charge additional fees based on increased use of bandwidth, as long as the hosting subscriber's use of the Services complies with these Terms. In most cases, a hosting subscriber's website will be able to support as much traffic as the hosting subscriber can legitimately acquire. However, Hostpug reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other hosting subscribers.

9. Unacceptable Resource Usage

1. 1.Run cron Jobs with intervals of less than fifteen (15) minutes.
2. 2.Run any MySQL queries longer than sixty (60) seconds.
3. 3.The Email usage should not exceed 2 GB Per Hosting Account.
4. 4.Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
5. 5."Unlimited" usage policies and definitions apply to All the Shared Environment Plans Shared/Reseller/Master/Alpha Reseller Hosting Plans.