1.1. The following provisions are applicable to all Services:

1.1.1. The features, characteristics, and limitations of the products and services we offer are detailed on our website. We commit to delivering the Services to you as described on our website as of the Effective Date and for the duration of the Term. If these characteristics change after the Effective Date, we are not required to update your Services to reflect these changes. Should we make such updates and you choose to purchase them, the Fee may be adjusted. We reserve the right to modify these Services if a supplier discontinues components, if costs become prohibitive, if a beta period concludes, or at any time upon the expiration of the term of a particular Service.

1.1.2. You can purchase our Services in one of two ways: (i) via our website, or (ii) by submitting a ticket to request additional Services (Ordering Process). By placing an order through either method, you commit to purchasing the Services you have selected for the duration of the Term.

1.1.3. We reserve the right to decline a request for Service if we determine that our facilities are needed for other purposes. If operational demands require us to limit or distribute Services among customers due to a shortage of resources or circumstances beyond our control, we may do so without violating this TOS.

1.1.4. Unless explicitly stated during the Ordering Process, the Services can be delivered from any of our facilities. You will not have any ownership rights in these facilities or in any components of the Services. Your rights are limited to using the Services.

1.1.5. Only the individual or entity listed in our records is authorized to access the Services. It is your responsibility to safeguard the passwords and other access methods used to access the Services. If you manage an account on behalf of another party, you guarantee that you will manage the account in good faith and agree to indemnify us for any losses or liabilities we incur if your management of the account leads to claims against us from your customer.

1.1.6. If you resell the Service or integrate it into your own offerings, it is your responsibility to ensure that the Service is suitable for your customers (End Users) and to prevent any actions by them that could lead to a breach of this TOS. Your End Users are not third-party beneficiaries of this TOS, and you agree to indemnify us against any claims made by your End Users. Unless explicitly stated during the Ordering Process, we are not required to provide support to End Users. If we stop providing the Service to you for any reason, you are solely responsible for finding replacement services for your End Users.

1.1.7. We agree to use commercially reasonable efforts to deliver the Services to you in accordance with the terms outlined in this TOS and all agreements referenced herein.

1.1.8. You must provide InservHosting with all necessary information, access, and cooperation, including from your third-party vendors if needed, to enable us to deliver the Services. We will depend on the information you provide, so it is your responsibility to keep it current. We are not liable for any delays or failures in communication due to outdated information. You agree that we may send you information by email that could potentially affect you negatively. Please ensure that the email address you provide is set up to receive our communications and not to block or mark them as SPAM.

1.1.9. All software, hardware, and certain systems have a defined support lifespan (End of Life). You may only use software, hardware, and systems that are currently supported by their respective providers, including those initially supplied by InservHosting as part of the Services (e.g., an OS on a purchased server). Once these items reach their End of Life, you are responsible for upgrading to a supported version. InservHosting is not obligated to support items that have reached their End of Life.

1.1.10. We will provide you with one primary IP address at no cost by default, though this IP address may change at any time. InservHosting retains ownership and control over all IP numbers and addresses assigned to you and reserves the right to modify or remove these IP numbers and addresses at our discretion. We will provide you with at least thirty days’ prior written notice of any such changes or removals. You agree to assist InservHosting reasonably with these changes or removals. InservHosting is required by ARIN (American Registry for Internet Numbers) to record the entity using the IP space on a “whois” server. If you are assigned a static IP address, you consent to InservHosting listing your name, company name (if applicable), postal address, email address, IP address, and telephone number on this “whois” server.

1.1.11. You are responsible for backing up your own data. If the Services include backup capabilities, they are intended to complement your own backup efforts, not replace them. We do not guarantee the completeness or reliability of our backup solution. When data is restored from backup, it will be returned in the state it was stored by us, which may not include formatting or other elements needed for it to be accessible on the internet or in its original form. We are not required to restore the data in that specific format.

1.1.12. If you obtain any Microsoft software products through InservHosting, you agree to adhere to and be responsible for complying with the Microsoft End User License terms.

1.2. The following provisions are applicable to shared, dedicated and VPS Services:

1.2.1. You are entitled to use the Services mentioned in this paragraph 1.2 to connect to the network at any time, around the clock, according to these Terms of Service. However, you will not have physical access to the equipment that provides these Services.

1.2.2. The Services mentioned in paragraph 1.2 are provided to you on a standard, non-customized basis. They may come with the manufacturer’s default settings, which means some features of your website or their use might require additional configuration on your part. You are responsible for configuring the Services to meet your operational, privacy, and security requirements. Additionally, your site and any other necessary components must be compatible with the Services. Unless specified during the Ordering Process, we are not required to adjust the Services to fit your needs.

1.2.3. You must ensure that neither you nor your End Users excessively or wastefully use our network by agreeing to the following:

1.2.3.1. A “Reasonable Use” policy will be enforced to keep data traffic stable on shared hosting Services. This means if your use of these Services consistently creates more traffic than what is typical for similar customers, we may require you to adjust your usage to meet this standard. Failure to make these adjustments could lead to the termination of this agreement and an Early Termination Fee. Shared hosting Services are not permitted for instant messaging, chat rooms, or similar activities, nor for distributing software.

1.2.3.2. Dedicated hosting Services and virtual private server (VPS) Services come with a specified bandwidth allocation, which is detailed during the Ordering Process. If you exceed this allocation in any calendar month, we will charge you a standard overage fee for the additional bandwidth used.

1.2.3.3. A “Reasonable Use” policy applies to the data traffic on VPS Services. This means that if your usage of the Web Hosting Services consistently produces more traffic than what is typical for similar customers, we may ask you to adjust your usage of the VPS Services to align with this standard. If you fail to make these adjustments, we reserve the right to terminate your access to the VPS Services and impose an Early Termination Fee.

1.2.3.4. Our VPS Services provide you with access to a portion of a server that has been divided to allow you virtual control over its features and settings, except for some predetermined parameters. While it may seem that you are the sole user of the server, certain resources will be shared with other clients. You must not take any actions to hinder the use of the server’s equipment by other customers or parties. Additionally, you will not modify or attempt to modify the systems, including software that we use to manage server sharing. You acknowledge that our methods for accommodating multiple users may influence how you utilize and manage the equipment. You cannot terminate this Terms of Service (TOS) due to our implementation of these shared features.

1.2.3.5. For dedicated Services, your site will be the only one operating on our hardware. This equipment is leased to you rather than sold, and you will not have any ownership rights to it.

1.2.3.6. Any bandwidth that is not used in a given month cannot be carried over to the next month.

1.2.3.7. Upon termination or expiration of the Services, we reserve the right to immediately block your access and remove all data stored on our equipment. It is your responsibility to back up or secure your data before the termination date. If we terminate the Services without prior notice, we will retain your data for fourteen days, allowing you time to download or secure it. If you do not retrieve it within this timeframe, we may delete the data.

1.3. The following provisions are applicable to domain name registration services:

1.3.1. We offer domain name registration services through reselling partners such as Enom, TuCows, and Namecheap.

1.3.2. If your domain is registered via Enom, the terms in this agreement apply: https://www.enom.com/reseller/legal-policy-agreements/enom-registration-agreement/

1.3.3. If your domain is registered through TuCows, the following agreements related to domain registration services apply to you: https://www.opensrs.com/docs/contracts/exhibita.htm and https://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm

1.3.4. If your domain name is registered through NameCheap, the following agreements related to domain registration services apply to you: https://www.namecheap.com/legal/domains/registration-agreement/ and https://www.namecheap.com/legal/

1.3.5. You acknowledge and agree that these agreements may include additional linked documents. It is your responsibility to review, understand, and accept all of these terms, which are part of this TOS by reference.

1.3.6. Additionally, ICANN’s consensus policies are applicable to you: https://www.icann.org/en/resources/registrars/consensus-policies

2. Term

2.1. This Terms of Service (TOS) will start on the Effective Date and will remain active as long as we continue providing you with a Service (TOS Term).
2.2. The Effective Date for each specific Service is the day we initiate the Ordering Process (Service Term). We utilize fraud detection programs, and if your order is flagged as potentially fraudulent during this process, it may not be completed. You should not assume that your order has been processed until we confirm that the Service is available.
2.3. Once the initial Service Term ends, the Service will automatically renew for the same duration unless either party provides the other with a termination notice as specified in paragraph 4.

3. Payment

3.1. The fees for each Service are detailed on the page describing that specific Service (Fees). You will start being charged these Fees on the Service’s Effective Date. Some Fees are based on the usage rate of the Services and will be calculated as described on the Fees webpage, then added to your total Fees. Except for usage-based Fees, all other Fees are billed in advance. Special promotions applied to Fees do not repeat, and promotions given to other customers may not be offered to you. If you cancel an account that is pre-paid monthly, you will not receive a refund for the remaining billing period. For accounts pre-paid annually, you will receive a pro-rated refund based on the monthly rate of the same hosting plan. Fees paid for third-party add-on services and setup fees are non-refundable.

3.2. Fees do not include taxes. Any taxes imposed by a governmental authority on the Services will be added to your Fees unless you provide InservHosting with a valid tax exemption certificate. InservHosting will not add taxes that are based on its corporate income.

3.3. The due date for Fees is specified on the webpage describing the particular Services (Due Date).

3.4. If you use a credit card to pay the Fees, we will attempt to charge your card no earlier than five days before the Due Date. It is your responsibility to ensure that your credit card can be charged. We are not obligated to provide the Services or preserve data if your credit card is declined for any reason.

3.5. If renewal service charge of an individual service is not paid within allowed grace period (within 5 days from invoice due date), a late fee shall be calculated from the invoice total base amount at the rate of five percent (5%) or ₹700 (whichever is lower). Such late charges calculated shall be added as a late fee in the subsequent renewal invoice or in any other future invoice generated under the particular client profile (whichever is the earliest). InservHosting further reserves the right to suspend the services if client fails to pay the service charges within the allowed grace period. Services will not be activated or reactivated until all overdue balances are paid. We will not activate new orders or activate new packages for clients who have an overdue balance on their client profile.

3.5.1. In the event of a charge back, InservHosting will immediately suspend all services rendered to client until such time as full payment is received in addition to a ₹2,500.00 charge back fee and a reconnection fee in the amount of one month’s service that not to exceed ₹20,000.00.

3.5.2. If a debt remains unpaid for 90 days after the due date, it will be sent to an external collections agency for recovery. At that point, a collection fee of ₹4000.00, or the maximum amount permitted by law, will be added to the outstanding balance. Additionally, if further collection actions are taken, you agree to cover all associated costs, including reasonable attorneys’ fees.

3.6. If you have any disputes regarding Fees, you must provide InservHosting with written notice and evidence supporting your claims before the Due Date. InservHosting will review your dispute in good faith and respond within thirty days of receiving your notice. If you disagree with the response, both parties agree to continue negotiating in good faith for an additional thirty days. If the dispute remains unresolved after this time, either party may pursue the matter according to the terms outlined in paragraph 7. As a condition for this dispute resolution process, you agree to pay all undisputed Fees and only use this procedure for genuine, good faith billing disputes.

3.7. If you terminate a Service in any way not specified in this TOS or fail to remedy a material breach, you agree to pay all Fees that would have been due had the early termination not occurred (Early Termination Fee) within five days of providing notice of termination. You accept the Early Termination Fee as compensation to InservHosting for lost business opportunities due to limited network resources and acknowledge that this fee is a significant factor in InservHosting’s decision to enter into this TOS.

3.9. If your Service Order includes a third-party service, InservHosting cannot guarantee that the vendor’s fee will stay the same throughout the Term. If the vendor increases its fee, the additional cost will be passed on to you.

4. Termination and Suspension

4.1. Either party can terminate a specific Service by giving the other party written notice at least five days before the end of the Term. To cancel, you must submit your termination request five days before your next billing cycle. If your cancellation notice is not received within this period, you will be responsible for paying for the following month and must pay the invoice accordingly. To effectively terminate this Agreement, you must complete the cancellation form through your Client account; no other termination methods will be accepted. Additionally, either party may terminate a Service if the other party breaches a significant term of the TOS and does not fix it within thirty days of receiving written notice from the non-breaching party, or immediately if the breach cannot be fixed. For breaches of our AUP, you will be given time to resolve the issue. Either party may also terminate this TOS, or an individual Service, if the other party becomes bankrupt or insolvent.

4.2. InservHosting may suspend the services if you don’t pay the fees by the due date, if legal or regulatory issues prevent them from providing the services, if you use outdated software, hardware, or systems with the services, or if you don’t resolve a violation of their Acceptable Use Policy (AUP) or Responsible Access Policy (RAP) within the time specified in their notice. In the case of a violation, the original notice is considered your opportunity to fix the issue, and fees will continue to accumulate until the violation is resolved.

4.3. If you terminate a service as described in paragraph 4.1, we will process your termination request within 72 hours. After processing, you will have 24 hours from the time we notify you to withdraw your request. If you do not withdraw the request, your account will go offline.

4.4. The following sections will remain in effect even after this Terms of Service (TOS) is terminated: 1.4.2, 1.4.3, 1.4.5, 1.4.8, 4.3, 5, 6, 7.2 to 7.5, and 7.8 to 7.13.

5. Indemnification, Limitation on Liability, and Disclaimers

5.1. The Customer agrees to protect, defend, and compensate InservHosting, its subsidiaries, affiliates, and their respective directors, officers, employees, shareholders, and agents (collectively referred to as “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, legal proceedings, judgments, attorney fees, or any related costs (collectively referred to as “Losses”) that an Indemnified Party may incur, which arise from or are connected to: (1) the Customer’s violation of any term or condition of this Agreement; (2) the Customer’s use of the Services; (3) the Customer’s infringement on third-party rights, including intellectual
property or other personal or proprietary rights; (4) the Customer’s breach of any confidentiality obligations; or (5) the Customer’s violation of any applicable laws, whether local, state, provincial, national, or international. However, the Customer’s duty to indemnify and defend does not give them control over the Indemnified Party’s defense. The Indemnified Party retains the right to manage their own defense, including choosing their legal counsel and deciding whether to litigate or settle a claim covered by the indemnification.

5.2. CUSTOMER UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NONINFRINGEMENT. WHERE PERMITTED BY LAW, CUSTOMER AGREES THAT INSERVHOSTING WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, COSTS, OR FEES ARISING FROM CUSTOMER’S USE OF OR ACCESS TO THE SERVICES, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, AS WELL AS ATTORNEYS’ FEES, DAMAGES DUE TO ERRORS OR OMISSIONS, AND DAMAGES RESULTING FROM SERVICE UNAVAILABILITY OR DOWNTIME. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP, AND ARCHIVING ALL DATA OWNED, CONTROLLED, OR TRANSMITTED BY CUSTOMER THAT RESIDES ON INSERVHOSTING’S NETWORK OR ANY SERVER OWNED OR OPERATED BY INSERVHOSTING. UNDER NO CIRCUMSTANCES SHALL INSERVHOSTING’S TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO INSERVHOSTING IN THE BILLING CYCLE IMMEDIATELY PRIOR TO SUCH CLAIM. CUSTOMER IS FULLY RESPONSIBLE FOR THE SELECTION, USE, AND APPROPRIATENESS OF THE PRODUCTS AND SERVICES, AND INSERVHOSTING SHALL HAVE NO LIABILITY IN THIS REGARD. NO CLAIM MAY BE MADE BY CUSTOMER AGAINST INSERVHOSTING MORE THAN TWO (2) YEARS AFTER THE EVENT THAT GAVE RISE TO SUCH CLAIM. CUSTOMER AGREES THAT RECEIVING A SERVICE CREDIT AS PROVIDED IN THE SLA IS CUSTOMER’S ONLY AND EXCLUSIVE REMEDY, AND INSERVHOSTING’S ONLY AND EXCLUSIVE LIABILITY, FOR ANY FAILURE OF THE NETWORK, HARDWARE, OR INFRASTRUCTURE, OR FOR INSERVHOSTING’S FAILURE TO PROVIDE THE PRODUCTS AND SERVICES OR MANAGED HOSTING SERVICES PURCHASED BY CUSTOMER DUE TO A QUALIFIED NETWORK DOWNTIME EVENT OR ANY OTHER QUALIFIED DOWNTIME EVENT.

5.3. InservHosting regularly introduces or resell new and innovative services. Occasionally, these services—referred to as test, beta, pilot, early access, experimental, pre-release, limited release, developer preview, etc.—are made available to customers. If a customer chooses to use any of these services, it should be strictly for testing purposes and not for production use. Unless explicitly stated otherwise in writing, these services are provided “as is,” without any warranties, indemnities, or liabilities from InservHosting. These services may be incomplete, untested, and could contain flaws or vulnerabilities. InservHosting is not liable for any harm or damage resulting from the customer’s use of these services, especially if used in a production environment, which is strongly discouraged and would be entirely at the customer’s own risk. InservHosting reserves the right to discontinue or modify these services at any time at its sole discretion.

5.4. To the fullest extent permitted by law, neither party, its affiliates, nor suppliers will be liable for any indirect damages (including but not limited to consequential, special, or incidental damages, lost profits or revenues, business interruption, or loss of business information) arising from this TOS or any related agreements. This limitation applies even if a party has been warned about the possibility of such damages or if such damages were foreseeable. This limitation does not apply to violations of the AUP, RAP, or a party’s indemnification obligations.

6. Confidentiality

6.1. “Confidential Information” refers to non-public information, know-how, and trade secrets in any form that the parties label as confidential, or that a reasonable businessperson would recognize or should reasonably understand as confidential. Certain items automatically fall under the definition of Confidential Information without needing to be labeled as such, including this Terms of Service (TOS), any information the Client stores on the Services (as limited by the Privacy Policy, referred to as Client Data), and network configuration.

6.2. Certain items do not qualify as Confidential Information, such as information that becomes publicly available without violating this agreement, information a party knew without any legal obligation to keep it confidential, information independently developed by a party without using the Confidential Information, and comments or suggestions from the Client to improve InservHosting products or services.

• Unauthorized access, use, probe, or scan of a system’s security or authentication measures, data, or traffic
• Interference with service to any user, host, or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks
• Forging any TCP-IP packet header or any part of the header information in an email or a newsgroup posting

You acknowledge that the Internet can be an insecure environment and are responsible for ensuring the security of your data, passwords, username, and confidential information.

4. Prohibited Use

You and your End Users shall not use our services or any related system or network in a manner, or in order to host, store, transmit, distribute or publish content, materials or works, that infringe or violate the intellectual property rights of others, including but not limited to copyright, trademark, trade secret, and patent rights. Additionally, you and your End Users shall not use our services to violate the recognized rights of others, including acts that defame, harass, abuse, or threaten others.

5. Child Pornography, Child Erotica, and Bestiality

Use of the Services to disseminate or display images such as child pornography, child erotica, and/or bestiality is strictly prohibited. We will immediately terminate the accounts of any customers and/or End Users using the Services in this manner and report them as required by law, without prior notice.

6. Violations of National and International Export Control Laws

Use of the services by you and/or your End Users is governed by national and international export control laws. These laws apply regardless of whether you and/or your End User actually reside.

7. IP Addresses

The IP Addresses are the numbers that we may be assigned to you for using our services over the internet and we reserve the right to change these numbers. These addresses may not be assigned or transferred and are recycled upon termination of the services.

8. Customer’s Responsibilities

You are responsible for ensuring that materials disseminated or posted using our services comply with this AUP and relevant laws, including materials posted by third parties. We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Therefore, we cannot accept any responsibility from customers, users of our services through third parties, or third parties, for inaccurate, unsuitable, offensive, or illegal content or transactions.

Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the services. Customers agree that they have the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or customer support outside the scope of the services.

10. Disclosure to Law Enforcement

Occasionally, we may be required by law to submit customer information to others, including law enforcement.

We will cooperate with law enforcement in the investigation of suspected criminal activity. If we suspect you or your End User are engaging in illegal activity, we may terminate your service or the services of your End User, without notice, and, if appropriate, forward the information to the appropriate authorities.

11. Other Abuse

The way our services are used and misused can evolve over time. If we determine that your use of our services hinders our ability to serve other customers, potentially exposes us to liability, exceeds the intended purpose of the product, demonstrates a lack of understanding of how to use the services, or involves mistreatment of our support staff, we reserve the right to terminate your account.

12. Contact Information

From time to time, we may need to contact you via email about matters such as billing, service updates, changes, and network modifications. It is your responsibility to provide us with a valid, regularly monitored email address and to inform us of any changes to your account or contact details. We are not responsible for any miscommunications that occur due to your failure to provide accurate contact information.

B. Provisions for Shared Hosting Customers Only

The provisions in this section also apply to all customers using shared hosting accounts. You must limit your use of shared hosting services to directly serving web content via the HTTP protocol. Misuse of these services includes, but is not limited to, activities such as scientific, grid, or distributed computing, data warehousing, backup storage, and excessive bandwidth consumption. We have the sole discretion to determine what constitutes misuse of shared hosting services. If you are uncertain whether a particular application is suitable for shared hosting, you should consult us before using the services in that manner.

If a customer uses an excessive amount of server resources, such as CPU time, memory, or network resources, they must either pay for a dedicated or semi-dedicated server, depending on their resource needs, or reduce their usage to an acceptable level. Our Resource Abuse Policy defines these standards, and we alone will decide what constitutes high versus acceptable server usage.

Shared hosting accounts are for use only by the customer and cannot be transferred to others. You are not allowed to sell, lease, or assign your connection or parts of it to anyone not listed in our records. However, allowing FTP access and hosting websites for End Users does not violate this Acceptable Use Policy.

Shared web hosting accounts are not intended for distributing software or multimedia products. If you wish to distribute such files, you need to contact us for permission. These accounts should also not be used to store or distribute an excessive amount of multimedia files, which are defined as graphics, audio, and video files. An excessive amount is considered when multimedia file storage exceeds 70% of the total disk space usage in terms of either size or number of files.

We do not permit chat rooms on our shared hosting environments. Additionally, running proxy servers or scripts, torrent trackers, or torrent clients is not allowed on our shared or reseller hosting servers, and we will not install or register any third-party DLLs, EXEs, or software on these servers.

C. Provisions for Dedicated Sever and Cloud VPS Customers Only

These provisions also apply to all customers using Dedicated and VPS accounts. You are fully responsible for any security breaches that occur on the servers you control. If your server is used to attack another server or system, it will be shut down, and an investigation will be conducted immediately to determine the cause or source of the attack. In such cases, you will be responsible for covering the costs to repair any damage to your server and any other requirements affected by the security breach.

You are not permitted to engage in activities that involve monitoring Internet traffic other than your own. This means you cannot monitor our Internet traffic or the Internet traffic of any other entity.

D. Other Uses

1. Background Running Programs

Background running programs, such as IRC bots, eggdrop, BitchX, XiRCON, or any other software that disrupts normal server operations, are not allowed.

2. IRC Bots

Operating IRC servers, IRC bots, or IRC shells on our network is not allowed.

3. Domain Names

We will take the necessary steps to register domain names for you upon request. However, you are responsible for renewing your own domain names. We are not liable if you fail to renew them. If we registered your domain name, you must monitor it and take the appropriate steps to renew it before it expires. We will only handle renewals if you submit a helpdesk ticket at least 7 days before the expiration date.