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TERMS OF SERVICE

HostInfuse provides hosting services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All registered clients of HostInfuse agree to the following Terms of Services:


Indemnification Policy

You agree to use all HostInfuse services and facilities at your own risk. HostInfuse specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall HostInfuse be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold HostInfuse harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostInfuse, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Clients agree to defend, indemnify and hold harmless HostInfuse against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with HostInfuse's network.

HostInfuse reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party Copyright Owner are subject to any defective products sold to customer from HostInfuse's server. HostInfuse shall be the sole judge of what violates this Policy.


Billing:

At this time we bill monthly, semi-annually and annually, depending upon the plan. We provide a 14 day money back (refund) guarantee. Each refund request must be submitted using our support ticket system. Each refund request is evaluated on a case by case basis - depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. HostInfuse will only issue a refund or credit within 7 days after the initial signup date of the service. Therefore, HostInfuse retains the right to grant or deny any refund or credit request - not affected by date. (For some special offers, the money-back-guarantee day will be varied; Domain Name registration/transfer fee(s), IP'S are non-refundable. To prevent abuse, only a clients first invoice is eligible for a refund unless stated otherwise.

We accept Visa, Master Card, American Express, Discover Card, PayPal. All servicres are setup, free of any fees or charges. Clients are encouraged to pay by PayPal as it is the easiest way to handle payments at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.


Uptime Guarantee:

HostInfuse offers each client with a 99.9% uptime guarantee. In the event that a 99.9% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a "compensation" credit, the client must do so by making a request by opening a billing ticket or by emailing support.

HostInfuse's network is DDoS (Distributed Denial of Service) protected, we cannot guarantee any level/type of protection. We are often able to protect against various types of attacks up to 20Gbps. Attacks that are larger than this will result in the target IP address being null-routed. We are not responsible for any downtime or performance decreases caused by DDoS attacks.

Limitation of Liability:

HostInfuse shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostInfuse servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostInfuse shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostInfuse servers. All damages shall be limited to the immediate termination of service.


Late Payments:

All services are billed according to the dates they were first activated on. If you do not pay for service renew within 5 days after deactivation, your service will be suspended. If you do not pay for service renew within 30 days after deactivation, your service will be terminated. You will receive an email reminder 5 days until deactivation.


Disclaimer:

HostInfuse cannot be held liable for system downtime, crashes, or data loss. HostInfuse has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by HostInfuse are resold. Thus, certain equipment, routing, software, and programming used by HostInfuse are not directly owned or written by HostInfuse. Moreover, HostInfuse holds no responsibility for the use of our clients accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as HostInfuse sees fit. HostInfuse is not responsible for any clients files, data or actions. FURTHERMORE, HostInfuse retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.



Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, HostInfuse offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. HostInfuse respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, HostInfuse reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, HostInfuse has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using HostInfuse' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgement and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HostInfuse cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgement in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because HostInfuse cannot monitor or censor the Internet, and will not attempt to do so, HostInfuse cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that HostInfuse does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over HostInfuse' network and may reach a large number of people, including both subscribers and non-subscribers of HostInfuse, subscribers' postings to the Internet may affect other subscribers and may affect HostInfuse' goodwill, business, reputation or operations. For these reasons, subscribers violate HostInfuse policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward HostInfuse, but also because it can overload HostInfuse' network and disrupt service to HostInfuse' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HostInfuse will investigate and shutdown the account that is spamming. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore HostInfuse reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should HostInfuse choose to pursue and prosecute.

Abuse
Prohibited are sites that promote any illegal activity or present content that may be damaging to HostInfuse' servers, or any other server on the Internet. Links to such materials are also prohibited. Any attempt to undermine or cause harm to a server or customer of HostInfuse is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. Server abuse includes but is not limited to the following: A. CPU/Resource intensive Programs B. Denial of Service Attacks C. Hacking/cracking of any kind (This includes exploits) D. Account trading E. Spamming G: Transmission, storage or distribution of any information, data, or material in violation of any law or regulation is prohibited. This included but not limited to: copyrighted material, trademarks, or any other illegal content. Examples: Movies, MP3s, Pirated Software, Hacker Programs, or Warez Sites. H: We do not allow IRC on our VPS and Shared servers. We allow gameservers on our VPS accounts however they must follow our server resource policy. I: Warez, image/file dump, mirror, or ad services. J: Sale of controlled substance or online pharmacies. K: Autosurf sites, investment sites, escrow, HYIP, bank debenture programs, or lottery sites. L: Brute force programs, IP scanners, mail bombers, and spam scripts. M: Proxies are not allowed. HostInfuse will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification.



Server Resources
Any websites that uses a high amount of system resources such as but not limited to CPU time, memory usage, and network resources will be notified in email of such activity to reduce their account to an acceptable level. The customer must then reduce their account to an acceptable level. HostInfuse shall be the sole arbiter of what is considered to be high server usage.

Audio/Video Streaming
Audio/Video Streaming is not hosting friendly. As such, HostInfuse does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
HostInfuse does allow adult content. You must have a disclaimer, the content must be legal within the India.

Large File Policy:
HostInfuse is not for file hosting and distribution - as such, customers may not host any files larger than 100MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support[at]HostInfuse.com

Obscene Speech or Materials:
Using HostInfuse' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. HostInfuse is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using HostInfuse' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
HostInfuse reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that HostInfuse determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. HostInfuse will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with HostInfuse' policy or applicable law. However, when HostInfuse becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by HostInfuse.

HostInfuse is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching HostInfuse' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. HostInfuse does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. HostInfuse reserves the right to directly take action against a customer of its subscribers. Also, HostInfuse may take action against the HostInfuse' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, HostInfuse anticipates that subscribers who offer Internet services will cooperate with HostInfuse in any corrective or preventive action that HostInfuse deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HostInfuse policy.

HostInfuse will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. HostInfuse may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HostInfuse may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. HostInfuse assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, HostInfuse may disclose subscriber information or information transmitted over its network where necessary to protect HostInfuse and others from harm, or where such disclosure is necessary to the proper operation of the system. However, HostInfuse will never sell information to other services or outside companies.

HostInfuse expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate HostInfuse policy. Finally, HostInfuse wishes to emphasize that, in signing the Service Agreement, subscribers indemnify HostInfuse for any violation of the Service Agreement, law or HostInfuse policy resulting in loss to HostInfuse or the bringing of any claim against HostInfuse by any third party. This means that, if HostInfuse is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against HostInfuse, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including HostInfuse and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support[at]HostInfuse.com

All clients must abide these terms regardless of their packages location.