HostSect...
General Terms And Conditions
HostSect Terms of Use

This section represents a legal document that serves as our Terms of Use and Service level agreement, and it governs the legal terms of our website, https://www.hostsect.net, https://www.hostsect.in, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Simplifon Technologies Private Limited.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, and other posted guidelines within this page, collectively "Legal Terms", constitute the entire and only agreement between you and Simplifon Technologies Private Limited, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms before using our Website and Services. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them.

By using our Website, you agree to comply with and be bound by our Legal Terms fully.

Registration and use of personal data

"97-Day Money-Back Guarantee" offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within FastComet's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. Our standard policy is a warning first, and account deactivation the second offense, but no warning is required.

HostSect reserves the right to deactivate and/or remove any account or website hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

Definitions

The terms "us" or "we" or "our" or "HostSect" or "the Company" refers to Simplifon Technologies Private Limited, the owner of the Website.

A "Visitor" is someone who merely browses our Website but has not registered as Member.

A "Member" or a "Customer" is an individual that has registered with us to use our Service.

Our "Service" represents the collective functionality and features as offered through our Website to our Members.

A "User" is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

Document Revisions

12th May, 2020: We have updated our Terms of Service to clarify our Service Level Agreement, Promotions, and Pricing.

Service Agreement

The following Service Agreement (TOS or Agreement) apply to all services provided by HostSect (we, us, our) to you, the customer. By purchasing services from us, you agree to these terms of service.

Orders

In order for a Visitor to become a Customer, an order must be submitted via HostSect billing system. During the submission of the order, the visitor is responsible for the accuracy of all the provided information. Errors during the sign-up process due to order information inaccuracy may lead to service activation delays or rejection.

You must be over the age of 18 at the time you place your Order.

All orders will be scanned for fraud activity and might be held for manual human verification process. You may receive a notice that your order has been rejected in case it fails to pass our Fraud Verification process. In such cases, no order will be accepted, and no service will be activated until the issue is resolved by manual verification. We may or may not make a reasonable effort to contact you via the provided contact information during the order process to verify your order, and it is your responsibility to contact a company representative via Live Chat, Phone or Email to have your order verified.

The Company is under no obligation to provide any service which is not explicitly included in the order.

The Visitor must follow all requirements to submit their order and provide accurate information during the sign-up process. In case any issues occur during the process, the Visitor or the Customer is responsible for informing the Company. The company cannot be held responsible for any issues caused by incorrectly submitted order or for any issues that the Visitor has not yet informed the Company.

Account Ownership

The personal information which has been submitted during the sign-up process will be set and available under the "My Details" section of the Customer's client area. The individual or entity set in the My details section is considered to be the account owner. It is a Customer's obligation to ensure that the correct details are set under this section. It is a Customer's obligation to keep the contact details such as first name, last name, email and phone up to date and to make sure they have access to the contact email address which is used for Client Area/Account login username. The company is under no obligation to provide any access, data, or service related to the account in case the Client is not able to access their Client Area/Account due to lost access to their email address or password.

If there is a dispute about the ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

Payments

Upon submitting an order, an invoice will be generated. No service will be activated until the payment for the order, under which the specific service is added, is submitted. Invoices are due immediately upon receipt, and all fees are net of applicable fees. The Customer is responsible for any additional fees or taxes that might be applied to you by your bank or payment service provider such as but not limited to currency conversion.

All services provided by the company are automatically set on recurring billing, and an invoice will be issued at least 7 days before the service expiration date except the services that are explicitly advertised as "One-time" services.

In case any of the services set on recurring are not explicitly canceled and discontinued by the customer in compliance with the "Cancellation and Refunds" policy, the Customer will be charged the applicable fee for the service renewal based on its billing cycle and regular service price.

In case an automatic renewal charge fails, and you fail to renew or terminate the service, we will make additional attempts to charge your credit card(s). We will attempt to charge the primary credit card on file first. Should the primary credit card fail, we will retry billing other credit cards on file in the order listed in your Client Area. In case we are not able to charge any of the available credit cards, the service will be suspended until the payment is submitted by the Customer.

The Company is not responsible for any loss including files, emails, domains or lost profits as a result of service suspension or termination due to no renewal or because your credit cards on file have expired or are no longer valid for any reason.

Any service which is not either Web Hosting, Reseller Hosting, or a WordPress Hosting is considered as Extra Service. All Extra services are non-refundable. For some extra services, additional Terms of service may apply available at Third-party Services Terms.

The client understands and agrees that service upgrades are performed via separate orders associated with a stand-alone invoice. Invoices related to service upgrades are due on the same day, and service upgrades are performed only after the payment is submitted. In case such invoice is not paid by the customer at the time of the order the payment due may be automatically processed in 24h if the client has not requested otherwise.

Price Formation and Renewal

The terms "Sign up Price", "Initial Price", "Promotional Price" and "Special Price" apply for the price of the first invoice only and the initial term of the service.

The terms "Renewal price", "Regular Price" and "Standard Price" apply for the price of any renewal invoice once the initial term is over.

The Customer acknowledges that any special initial price applies for the first invoice only. Once your initial term is over regular renewal prices apply.

HostSect Services price formation is based on but not limited to three main factors which may or may not be under the direct control of the company – infrastructure costs, cost of labor for services involving human labor force, and the price of third-party services or products that are directly or indirectly related to the Hostsect services normal operation. A list of services involving human labor is available on our Support page and a list of third-party services and products that may or may not directly affect HostSect pricing is available under the Third-party Services Terms. Both HostsSect Support page and the Extra Service page do not represent the full list of services and products provided or used by HostSect.

HostSect preserves the right to change the price of any product, service, or their corresponding recurring, renewal, or setup fee in case of substantial price fluctuation of any of the price formation factors. In case such change occurs, HostSect will make a reasonable effort to notify the client at least 7 days in advance before their product due date and renewal via email and the company blog.

HostSect preserves the right to change the terms of any promotion at any time in case there is a substantial price fluctuation of any related or price formation products.

The current service fee(s) and the available payment method(s) are listed on our website. The Customer acknowledges and agrees to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. HostSect reserves the right to change the fees and plans at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.

The Customer acknowledges that all products will be renewed on the Renewal/Standard/Regular price listed on our website after the end of the initial billing cycle/term.

The Customer acknowledges that all promotional discounts apply only to the initial billing cycle/term of the service. All services will be renewed on the Renewal/Standard/Regular price listed on our website.

Service Activation

All services are considered active right after the payment for the service is submitted. Service activation and service availability might or might not occur simultaneously. Only services explicitly advertised as "immediate activation" are available immediately after the payment for the service is submitted and it is set as active.

Services such as Virtual private servers and Dedicated Servers as well as additional extra services that require technical time to be set up or completed might have longer activation time. Order and service status does not imply any service availability status. Upon service activation, a written confirmation will be sent to the Customer via the support ticketing system or email notice.

The company is not responsible for any delays in service activation caused by incorrect or incomplete information provided by the Customer. The company is responsible for providing the service as fast as technically possible and certain compensation may be issued to the Customer in case we fail to do so considering our SLA.

Resource Usage

The customer is responsible for maintaining and using their services in a proper manner to assure the trouble-free operation of the hosting environment and other customers' accounts located in the same environment. This requirement sets certain resource usage, and activity limitations apply either by the law, the Company Terms of Service or the resource usage restrictions listed in the product pricing table and Resource Usage agreement.

Providing Technical Support Policy

HostSect provides free technical support as a complimentary service to all hosting and extra services. The technical support service is an additional service not included in the hosting service upon sign up. This means that the company will act in best fate to assist in any technical or non-technical matter to the best of our knowledge and staff availability when feasible without any guarantee or commitments except for the services explicitly noted in hosting services features set.

In case any technical or non-technical issue arise which cannot be resolved by the company support staff, the company is responsible for providing as much as possible information on the issue as well as a detailed report on the reasons for not being able to assist further. Despite the fact that we committed to resolve all technical problems a customer might experience, we may refuse technical support service or apply additional service fees in one of the following cases:

  • A technical issue related to a third party product or software.
  • A technical issue requiring an excessive amount of time.
  • A technical issue that requires development work or in-depth debugging and code analysis.
  • If the customer has submitted an excessive number of support requests for the past billing cycle of their service.
  • Any technical or non-technical case for which providing assistance is not financially, technically, or physically feasible for the company.

The Customer acknowledges that by asking our technical representatives for technical assistance, they authorize their intervention and operation in the Customer's hosting account, cPanel and/or Client Area or any related domain.

The Company will do its best to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by every particular request. The Company, however, has no obligation to complete the requested task by any deadline or achieve any particular outcome or result.

The Company reserves the right to refuse technical support service.

The Customer acknowledges that any technical support services listed or mentioned on any page of HostSect's website may not be completed successfully or may not be provided at all if they are not financially, technically or physically feasible for the company.

Uptime, Availability, and Compensation

HostSect will use reasonable efforts to make the Covered Services available with a Service Uptime of at least 99.9% (the "Service Uptime Warranty" or "SUW"). In the event that HostSect is unable to meet the SUW, and Customer satisfies the conditions of this SLA, Customer may be eligible to receive Service Credits.

A "Service Credit" shall be the percentage of the monthly invoices charged to Customer for a Covered Service Instance (the " Service Credit Percentage ") that suffered Service Downtime during the applicable month.

We guarantee that our Public Network will be available 100% of the time in a given month, excluding scheduled or emergency maintenance. Otherwise, we apply a 10% service credit of your monthly fee for each hour of network downtime, up to 100% of your monthly fee for the affected service.

We guarantee that your website/server will be available 99.9% of the time in a given month, excluding scheduled or emergency maintenance. Otherwise, we apply a 10% service credit of your monthly fee for each hour of network downtime, up to 100% of your monthly fee for the affected service.

In no event shall the value of any Service Credit for any given month exceed 100% of the fees invoiced for the applicable Covered Service Instance during such month.

The calculation of network availability is based on HostSect internal records. We will not accept third-party reports as evidence that you are entitled to compensation under this agreement.

Service Exemption

In the event that a Covered Service Instance is not available due to a Service Exemption, then (a) the associated period of unavailability shall not be deemed to be Service Downtime, (ii) such Covered Service Instance shall be deemed available; and (c) Customer shall not be entitled to any Service Credits herewith. A "Service Exemption" shall include unavailability, delays, disruptions, or downtime caused by:

  1. A scheduled or planned Maintenance Event (defined in Section Maintenance Events), provided that HostSect has given Customer at least two (2) days' advance notice, which shall be sent to the email address registered by Customer in its Account;
  2. Factors outside of HostSect's reasonable control;
  3. Use of any HostSect Services, by Customer or any Customer End User, which is in violation of the MSA, this SLA, or applicable laws;
  4. Force majeure events, including without limitation, acts of war, acts of God, natural disaster, pandemic, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care;
  5. Customer's software, equipment, or technology, and any interaction therein with any HostSect Services; or
  6. Third-party equipment, software, or technology, and any interaction therein with any HostSect Services.
  7. Downtime during upgrade/downgrade of your VPS or Dedicated Server resources;
  8. Downtime caused when you reach the maximum resources allocation for your plan;

Maintenance Events

From time to time, HostSect may perform repairs, replacements, upgrades, updates, patches, fixes, or other maintenance which may delay, disrupt, suspend, or otherwise affect HostSect Services (individually a "Maintenance Event" and collectively the "Maintenance Events"). HostSect will use reasonable efforts to attempt to minimize the impact of Maintenance Events but shall have sole discretion in determining the need for, and scope of, any Maintenance Event.

Extra Services and Third-party Services

All or some HostSect services may or may not include third-party software or services as a part of the hosting packages or services that improve the user experience or add additional functionalities, features or security/performance improvements. By using HostSect hosting services, the Customer acknowledges that some features or functionalities may be a part of third-party service or software, not developed or maintained by HostSect.

A list of third-party services is available for review under the Extra Services and Third-party Services section of this ToS. The Customer acknowledges that this list may not include all extra or third-party services and software.

The Customer acknowledges that FastComet is not responsible for the availability, maintenance, or the official support of these services and can not guarantee their functionality.

Promotions

Any product or service may be a subject of additional terms of service or conditions based on the Promotions Terms of Service available under the Promotions ToS.

The Customer acknowledges that the Promotions ToS may not represent a full list of all promotions. The Customer has the right to receive full information on the terms of any promotion or free, bonus or discounted feature/product upon request by contacting HostSect Sales agent via HostSect Live Chat available at https://www.hostsect.net and https://www.hostsect.in.

Limitation on Company Liability

HOSTSECT SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF HOSTSECT NETWORK, RECLAMATION OF SERVERS BY HOSTSECT, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF HOSTSECT. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON HOSTSECT NETWORK OR ANY SERVER OWNED OR OPERATED BY HOSTSECT. IN NO EVENT SHALL HOSTSECT AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO HOSTSECT IN THE BILLING CYCLE IMMEDIATELY PRECEDING SUCH CLAIM. HOSTSECT PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The Customer is responsible to regularly review and comply with all Terms of Use.

Website Terms of Use

General HostSect website Terms of Use

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.hostsect.in website (the "Service") operated by Simplifon Technologies Private Limited ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your name.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons explicitly mentioned in the "Cancellation and Refunds" section.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, errors and inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We strive to resolve any inaccuracy as fast as possible and to work with the Customer to resolve any issues that might arise guided by the best interest of the Customer, still we cannot be held legally responsible for any technical or non technical problems that may occur as a result of such inaccuracies.

Contests and Promotions

Any contests or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in service activation delays, partial or incomplete service provisioning or termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Simplifon Technologies Private Limited. and its licensors. The Service is protected by copyright, trademark, and other laws of the India. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Simplifon Technologies Private Limited.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Simplifon Technologies Private Limited.

Simplifon Technologies Private Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Simplifon Technologies Private Limited. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Simplifon Technologies Private Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Simplifon Technologies Private Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Simplifon Technologies Private Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements; e) you will achieve any expectations you might have prior purchasing any of our Services.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions and excluding the Indian Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Payments

HostSect is accepting PayPal payments on behalf of Simplifon Technologies Private Limited Credit Card payments are processed via Stripe on behalf of Simplifon Technologies Private Limited and the company does not store Credit Card information, but only a payment token and the last 4 digits of the Credit Card information.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please discontinue any use of the Service.

If you have any questions about these Terms, please contact us.

Resource Usage

The customer is responsible for maintaining and using their services in a proper manner to assure the trouble-free operation of the hosting environment and other customers' accounts located on the same environment. This requirement sets certain resource usage, and activity limitations apply either by the law, the Company Terms of Service or the resource usage restrictions listed in the product pricing table and this agreement.

Resource Availability

By definition, all shared hosting, wordpress hosting, reseller hosting services do not provide dedicated resources of any type such as CPU cycles, RAM, or dedicated software service.

Virtual Private Servers share the underlying physical hardware with other VPSes, which means that they still "compete" for the CPU and memory of the hosting hardware infrastructure. This setup architecture gives a Virtual Server guaranteed amount of resources to utilize but does not provide exclusive access to the hardware hosting infrastructure.

The Dedicated CPU Servers have fully dedicated CPU cores that are 100% available and isolated from any other servers.

The customer is responsible for maintaining and using their service in a proper manner to assure it does not exceed any of the resource usage quotas explicitly written on the following pages:

  • Web Hosting, WordPress Hosting, and Reseller Hosting Products pricing
  • Virtual Private Servers pricing
  • Dedicated Servers pricing

And all other quotas, limits or restrictions listed below.

Disk and Traffic usage

The disk space and traffic provided by the Company as a part of any service must be used to fulfill the purpose of the service. This means that all resources provided by the Company must be used for hosting purposes to make certain data available to the world over the Internet. The Customer acknowledges that the services purchased by the Company are for web hosting purposes and not storage ones. Storage of a large amount of uncompressed or full-size digital images or other media files, online backups both of your local computer or other online resource is prohibited. The company reserves the right to request content removal or temporarily suspend access to any resource in case of suspicious that the service resources are not used as intended.

The Customer understands that the terms "unlimited" and "unmetered" are defined by experience gained by The Company with similarly situated customers or measured by the industrials standards and the average resource usage of a shared hosting account located on the same server.

The Customer's use of any service resources may not exceed that of similarly situated customers in a way to affect the global performance of the hosting environment or cause any service-related issues, delays of the regular backups or high I/O wait.

The company uses the following definition of "Inode":

An inode is a data structure on a file system used to keep information about a file or a folder. The number of inodes indicates the number of files and folders an account has.

Mail Service Usage

VPS and Dedicated Server clients are not limited by any size and can utilize their resources as best fits as long as this does not compromise the global service performance.

Shared/WordPress/Reseller Hosting services provide up to 10 simultaneous IMAP/POP3 connections.

The total amount of email messages, send either by applications, scripts, webmail or email clients, should not be over 400 emails per hour. Any message over this limit will be deferred and may or may not be stored for later delivery depending on the service availability. In case, of spam/unsolicited mailing activity or suspicion of such mail service or hosting service might be temporarily suspended.

Customers with VPS or Dedicated hosting services can request higher limits which must be manually approved by a member of the Company after a proper justification is provided by the Customer.

CPU and Memory Usage

Customers using the Shared/WordPress/Reseller Hosting service are provided with detailed up-to-date statistics for their CPU and Memory usage under the service control panel (cPanel). A customer cannot have a constant resource utilization of 80% for any given hour. The customer is responsible for maintaining their account and any installed software in a proper manner to assure all installed software operates in their optimal state and account resources are released and available to other users as soon as possible to assure optimal performance of the hosting environment for all customers sharing the resource.

VPS and Dedicated Hosting customers can utilize the resources of their service as they find it appropriate as long as their activity does not affect the performance or availability of any other resource maintained by the Company and used by other customers.

MySQL and other database engines policy

The customer is responsible for maintaining their software databases to the best of their ability. All software and applications cannot utilize more than 10% of all resources allocated to the MySQL or other database engines.

All databases hosting on a shared/wordpress/reseller hosting environment are located on a high-speed SSD drive. Considering the performance of the storage engine, all query executions longer than 1 second are considered as Slow. A shared hosting application or database can not generate more than 1% of slow queries for any given day.

VPS and Dedicated Hosting customers can utilize the resources of their service as they find it appropriate as long as their activity does not affect the performance or availability of any other resource maintained by the Company and used by other customers.

Third-party Services

The following Terms of Service (TOS or Agreement) apply to all third-party services provided by HostSect (we, us, our) to you, the customer. By purchasing any services from us, you agree to these terms of service. The Customer acknowledges that all or some HostSect services may or may not include third-party software or services as a part of the hosting packages or services that improve the user experience or add additional functionalities, features or security/performance improvements.

By using HostSect hosting services, the Customer acknowledges that some features or functionalities may be a part of third-party service or software, not developed or maintained by HostSect.

HostSect reserves the right to discontinue the support or provisioning of any of these services at any given time with or without prior notice.

HostSect reserves the right to change the price of any service, including these third-party services or apply extra fees for the utilization of these services.

The Customer acknowledges that the following list may not include all extra or third-party services and software included in their hosting service.

cPanel/WHM - cPanel & WHM is an online Linux-based web hosting control panel that provides a graphical interface (GUI) and automation tools designed to simplify the process of hosting a web site to the website owner or the "end user". cPanel & WHM utilizes a three-tier structure that provides capabilities for administrators, resellers, and end-user website owners to control the various aspects of website and server administration through a standard web browser.

CloudLinux - CloudLinux OS is a Linux distribution marketed to shared hosting providers. It is developed by software company CloudLinux, Inc. CloudLinux OS is based on the CentOS operating system; it uses the OpenVZ kernel and the rpm package manager.

JetBackup - JetBackup is an online tool that provides a graphical interface (GUI) and automation tools designed to simplify the process of Backup and Restore of hosting accounts.

Softaculous - Softaculous is the leading Auto Installer, having 450 great scripts, that provides a graphical interface (GUI) and automation tools for customers to setup applications without the need for manual installation.

SitePad - SitePad is a web site building tool with 354 Responsive Themes which cover a wide range of categories like Blog, Business, Portfolio, Restaurants, Travel and many more.

SpamExperts - SpamExperts is an advanced email filter. It is used to scan and filter all incoming email for spam, phishing, viruses, as well as other email-related attacks by spammers and botnets.

Extra Services Terms

The following Terms of Service (TOS or Agreement) apply to all extra services provided by HostSect (we, us, our) to you, the customer. By purchasing any extra services from us you agree to these terms of service. All services except Shared Hosting, WordPress Hosting, Reseller Hosting, VPS Hosting and Dedicated Server Hosting are considered as additional extra services.

Payment and Refunds

An additional extra service is considered active only after the payment for the specific service is submitted. Service availability and service activation may not occur simultaneously for services which require human interaction, certain time to be completed or the activation of another service which is currently not active.

Extra services which are explicitly advertised as included in any particular hosting package are provided for free as long as the hosting package is active. Any additional extra service explicitly advertised on the Company website as "One Time" service will not be due for renewal and will be due only for a one-time payment upon purchase. Any other service which is not included for free with the hosting services provided by the Company and is not advertised as "One Time" will be set to "auto-renewal" recurring billing depending on its billing cycle advertised on the Company website or client area.

All extra service payments and renewals are non-refundable.

Free Regular Backup Service Policy

The Company will do everything possible to create regular backups free of charge for all shared/wordpress/reseller hosting customers' data at least twice a week.

The Company is responsible for storing at least one full backup copy of customer's account for all shared/wordpress/reseller hosting services on a separate independent storage array. Customers on VPS or Dedicated servers are entitled for free daily or/and weekly backups performed on the same storage array of their service which can be performed as often as required by the Customer to the size available on their server.

The Customer understands and agrees that they are solely responsible for making backup copies of web site and content, associated with the account, such as email messages, SQL databases, etc. The Company has no liability or obligation to create additional backups, store or provide any backup copy to the Customer website and other content in addition to the backup included in our SLA.

The Customer understands and agrees that the Company cannot and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content.

Free Website Transfer Policy

The Company will make best effort to transfer The Customer's website to its servers, still, this is provided for The Customer's convenience only, as a value-added service and The Company cannot make any guarantees concerning the time, availability or possibility for the account to be transferred to its servers. Every hosting company is organized differently, thus there is a possibility that The Customer's former hosting company saves data in an incompatible format. In result, some or all of The Customer's data might be impossible to be transferred.

Each hosting service is entitled for one free website transfer. Upon request of additional website transfers the company will act in the best interest of the Customer but can refuse further website transfers in case the request is not financially, technically or physically feasible for the company. The Company reserves the right to apply additional fees for any additional website transfers not included in our SLA.

Domain Registration Term

General Domain name registration terms

All domain names that do not meet the conditions for free registration and renewal are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension.

Renewal fees are due for all such domains at the end of the pre-paid period. Registration and renewal fees for such domain names are non-refundable.

These services will be automatically renewed by The Company when The Customer's domain registration is up for renewal, and will incur the applicable additional renewal fee unless the customer requests cancellation with at least 48 hours before the due date.

The Company will register the domain name to The Customer and will not own or otherwise control it. The Customer will remain the only owner and operator of the domain name registered for free by The Company. The Customer authorizes The Company to register the domain name on his behalf, using the details submitted during the sign up process.

The Customer can change the domain administrative email and manage it through the Client Area. The Customer is allowed transfer the domain name registered by the Company to another domain name registrar at any time by requesting the domain name's EPP key from The Company by submitting a ticket or via other support channel.

Redemption fees applicable in domain name registrations

Redemption period is a domain registry period of up to 30 days that occurs when a domain name is suspended after having expired due to non renewal. Instead of just getting deleted and returning to the pool of domain names available for registration, The Company's registry keeps a hold on the domain name in a what is technically called as Redemption Period. During this 30-day period, The Customer is allowed to retrieve the domain name from deletion by contacting The Company. This process costs an additional fee to The Company, which is billed to The Customer.

The appropriate redemption fee should be paid by The Customer if the renewal request of an additional domain name is received in more than 30 days after the expiration of the domain.

The Redemption fee is $199USD and may be subject to change, if The Company meet significant trouble in retrieving the domain name back on behalf of The Customer. Registration, renewal and redemption fees for such domain names are not subject to refund by The Company.

The Customer agrees that The Company will not be responsible for canceled domain names that he has failed to renew in the given period, either automatically or manually in the time frames indicated in this Agreement.

If The Customer does not redeem his domain name prior to the end of the registry's redemption grace period, The Company will release their domain name and it will become available for registration on a first-come-first-served basis.

The above redemption policies apply for all domain names that do not fall in the .eu and .nl domain name authorities. As per EURID (the operator of .eu domain name registrations) and SIDN (the operator of .nl domain name registrations), both TLDs must be renewed prior to their expiration dates. If the Customer fails to comply with this requirement, the domain name is sent into Redemption Period from day one after expiration and the Company cannot be held liable for any damage, suffer or loss this policy causes.

Domain transfers to The Company

The Company will provide The Customer with domain name transfer services, where such are needed and the desired extension is supported by The Company's registration authority. The Customer agrees to thoroughly, accurately and honestly complete all forms and requests for information provided by The Company throughout the process.

The Company will charge The Customer an appropriate fee for the domain transfer, depending on the domain name extension. This fee is not subject to refund.

The Customer agrees that The Company will not be responsible for any false or misleading information they provides, whether intentionally or unintentionally.

The Company notify the customer if the transfer is not successful with the needed steps that they need to follow in order to finalize the transfer. The Company will reinitiate the transfer process free of charge up to 5 times upon request by the Customer. If further attempts are required after the 5th retry additional fees may be applied by the company. The Company cannot be held responsible if a domain transfer is not successful.

External Domain Names

The Company will allow The Customer to sign up for an account with a domain name registered elsewhere. The Customer acknowledges that by doing so, The Company cannot be held liable for any faults, misfortunes and other issues caused by inoperability of the third party registered the domain name for The Customer.

The Company will provide The Customer with appropriate DNS records, in terms of addresses and zones, which can be used for pointing a domain name registered elsewhere towards the hosting server where The Customer's account resides. The Customer understands and agrees that additional time might be required for the DNS propagation after the DNS change for their service with the Company to become accessible via the chosen domain.

Personal Data

The Provider takes all necessary measures to protect the personal data of the User in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the privacy protection of individuals, the processing of personal data, the free movement of such data and the repeal of Directive 95/46 / EC (GDPR) and the Personal Data Protection Act.

The Provider acts as Data Processor for domain name registrars and processes User personal data in accordance with Art. 6, para. 1, b. "B" of the GDPR and the data processing is necessary for the performance of a contract to which the data subject is party. HostSect shall transmit the necessary information to the respective domain registrar who shall process your data as a controller for the purpose of registering the requested domain. The Controller shall not transfer your data to third countries.

GDPR Protection

HostSect will implement a new "GDPR protection" Domain Whois system. Under this new system:

  • The registrant, admin, and technical contact information for registered domains will no longer be visible in the public Whois database.
  • "Full" Whois data for registered domains will only be accessible to legitimate and accredited third-parties, such as law enforcement, members of the security community, and intellectual property lawyers.
  • This "full" Whois data will be limited to those personal data elements that we have obtained permission to process, either via contract or via consent of the data subject.

Most European registries already show a limited set of data in their whois registers because of current privacy laws, and we will see these data being minimized even further. In many cases, no personal data will be shown at all. For generic extensions (gTLDs), the registrar community is working together with ICANN and the European DPAs on a solution that meets both the requirements of GDPR and ICANN policies.

Some registries will continue to publish the name, address and telephone number of registrants, as this is a requirement in the Domain Names Act. This means that the registry has a legal basis for the publication.

GDPR Protection will not be available for new and existing registrations for certain TLDs. As of May 17, 2017, these TLDs are : .AU, .BR, .CA, .CN (2nd and 3rd level), .DE (2nd and 3rd level), .EC (2nd and 3rd level), .EU, .RU (2nd and 3rd level), .UK (2nd and 3rd level), .US, .ECO, .JOBS, .NGO/.ONG, .NYC and .TEL. These TLD registries may not mask registrant personal data completely and may display some personal data in the WHOIS.

ICANN and Registrar Terms

In addition to the TOS included on this page, all domain name registrations are subject to the terms and conditions of the FastComet's registrar. As a condition of this TOS, you agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available here:

ICANN Policy: www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm

ResellerClub Domain Registration Agreement: http://supersite2.com/support/legal.php

Copyright and DMCA

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of abuse hostsect.net and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

DMCA Notice

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at abuse[at]hostsect.net

Cancellation and Refunds

During any cancellation or refund request, the Company will act in a fair and trustworthy way to resolve any issue that the Customer may experience. In case the service is no longer suitable for the Customer or the service does not meet the Customer's expectations, the Company will attempt to act in the Customer's best interest as long as this meets the Company's Terms of Service and Terms of Use.

Payments and Renewal policy

The Customer understands and agrees that their services with The Company will be billed on a recurring basis unless The Customer informs The Company that they want to cancel any or all of the provided services by submitting a Cancellation Request form in the Client Area.

For renewal fees, we will issue a full refund if cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has not started. If the renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the Renewal Term. Services that involve third-party fees covered by HostSect such as but not limited to domain renewals and SSL renewals are non-refundable if the service has already been renewed by HostSect.

It is the sole responsibility of The Customer to make sure that their payment information is kept up to date, as well as all invoices are paid on time or the service is canceled prior the service due date.

Cancelation requests for renewal payments must be submitted at least 24 hours before 11:59 AM IST of the renewal date. If The Customer fails to comply with this requirement, The Company has the sole right to suspend his account until renewal payment is received.

The Customer acknowledges that the Company is keeping a copy of the non-renewed hosting account for no more than 5 (five) calendar days after the due becomes effective. 5 (five) days after the due date, if the renewal payment is not submitted, any information or data in the account will be deleted, it includes the account, all of its backup copies and any other information or data related to the account.

In case the customer is using a VPS hosting or Dedicated Server package, all customer's data might be permanently deleted within 24 hours after the due becomes effective if the renewal payment is not submitted. This includes all accounts on the VPS server or Dedicated Server, all of its backup copies and any other information or data related to the account.

Service cancellation by the Customer

All services that are provided by The Company can be canceled by The Customer. Only requests submitted through the Client Area are considered as valid and will be reviewed by The Company.

The cancellation becomes effective in accordance with the time chosen by the Customer through the Cancellation process.

After the cancellation request is submitted by the Customer, the Customer's account will be suspended either immediately or at the end of the service billing period depending on the Customer choice during the cancellation process.

The Customer acknowledges that the Company is keeping a copy of the canceled shared hosting account for no more than 5 (five) calendar days after the cancellation becomes effective. 5 (five) days after the cancellation becomes effective any information or data in the account will be deleted, it includes the canceled account, all of its backup copies and any other information or data related to the account.

In case the customer is using a VPS hosting or Dedicated Server package, all customer's data might be permanently deleted within 24 hours after the cancellation. This includes all accounts on the Cloud VPS server or Dedicated Server, all of its backup copies and any other information or data related to the account.

After the cancellation becomes effective, the Company cannot be held in charge of loss of data due to suspension or termination.

Money-back guarantee

The Company will refund the hosting fee paid by the customer if the cancellation request meets the following terms:

The Customer's cancellation request has become effective in less than:

30 days for Hosting Accounts;

after the date of the first payment for the account.

The cancellations of a hosting account, hosting upgrades or extra services, where explicitly agreed, that become effective in more than 30 days after the first payment are not eligible for a refund.

The cancellations of a Virtual Private Server (VPS) or Dedicated Server (DS) are not eligible for a refund.

The money paid by the Customer for the hosting account(s) will be refunded, excluding the setup and processing fee paid during the signup process. Setup and processing fees paid upon signing up are not subject to refund.

If a domain name is registered by the Customer during the initial hosting account order process, then the appropriate domain name registration fee will be withheld. In case of a refund, the domain name registration fee is always withheld, even if this fee was waived at the time of purchase considering, Domain Registration terms of service.

In case of a refund, if a free domain name transfer service is provided as a part of the free domain registration/transfer offer, then the appropriate domain name transfer fee will be withheld. The domain transfer fee is always withheld, even if this fee was waived at the time of the purchase.

Chargeback and Disputes

If you believe there is an error on your billing or charges, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you initiate a "chargeback" or PayPal dispute based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding amount.

In addition to all outstanding amount, there might be chargeback fee associated with chargebacks and pre-arbitrations. The amount of the fee - and at what point in the process it is debited - is dependent on your case. Specific information on chargeback fees can be found in your billing ticket related to the chargeback case. If you're unsure where to find those, contact us.

Service Cancellation by The Company

Any of the services that the Company offers may be canceled by the Company with no prior notice and with no refund in case that the Company finds out in good faith that the Customer's use of the service violates the Terms of Use or the customer's account is involved in illegal activity. The Company cannot be held in charge for loss of data if such a cancellation has been done.

The Company may also cancel any of its services, if the Company determines in good faith that the service has become impractical or unfeasible for any technical, legal, loyalty, regulatory or other reason, by giving or without giving the Customer as much prior notice as reasonably practicable.

In case such an issue occurs the company reserves the right to temporarily suspend the service in an attempt to contact the Customer and assist in resolving the issue. If the issue is not resolved in up to 3 (three) days for all hosting services, VPS and Dedicated services after the customer has been notified about the issue, the company reserves the right to terminate the service.

The services used by the Customer may be canceled for any or no reason by the Company with a preceding 7 days notice. After the 7 day period the Customer's Account will be ended, and the Customer will be provided with access to an archived backup copy of the Customer's account content as of the termination date. These backup copies will be available for no more than 7 calendar days. After the expiration of the 7-day period for accessing the archived backup copy, all backup copies and any other information or data related to the account will be deleted from the Company's servers.

If the reason for service cancellation by the Company is different from violation of Terms of Use by the Customer, a prorated refund will be issued by the Company for all the months that the account is prepaid and will not be used by the Customer. The calculation of the amount of the refund will be made by multiplying the number of the unused months by the prepaid monthly price as it is for the Customer's billing cycle. The Company will offer several options for receiving the refund; still, it is only the Customer's responsibility to provide the information needed for receiving the refund.

The Customer acknowledges that if the reason for service cancellation by the Company is a violation of Terms of Use by the Customer, a refund will not be issued by the Company.

Promotions

These are the terms and conditions for the HostSect Promotions and Discounts. If you sign up for any of the following promotions below, the terms listed for the promotion applies in addition to the general HostSect Terms of Use and Terms of Service.

Free Domain for Life

By registering a free domain name during or after the signup process, the Customer acknowledges that the promotion is valid for the first billing cycle of their hosting service. If the promotion has expired or is no longer active on the domain's due date, upon renewal of the hosting service, The Company may or may not renew the domain name for free.

Upon signing up for a hosting account with the Company, The Customer is eligible for free domain name registration, if such is included in the package purchased. In case the customer does not register a free domain name during the sign up process the offer is valid up to the 7th day from the account.

The Company will provide The Customer with free domain name registration if its choice falls into one of the following domain name authorities (extensions) .com; .net; .org; .us; .biz; .info.; .in; .co.in; .org.in

Upon cancellation or refund request, the Customer remains the sole owner of the domain name. As the free domain name offer is valid only for active accounts upon refund request registration fee of $13.95 is being withheld, where the domain name does not belong to the .co.in or .org.in domain name authorities. In such case, a fee of $19.95 will be withheld. The Customer is free to continue managing the domain name with the Company, transfer it to another domain registrar or cancel the domain. In any case, the registration fee will be withheld upon cancellation.

New domain name registration that comes for free must be requested at the time of the initial account setup, during the sign up process, using the provided by The Company options on the sign up page. This domain name must be used as a primary domain for the hosting account it is being granted for and cannot be used for other purposes unless explicitly arranged with an official representative of the Company.

The Company will register the domain name to The Customer and will not own or otherwise control it. The Customer will remain the only owner and operator of the domain name registered for free by The Company. The Customer authorizes The Company to register the domain name on their behalf, using the details submitted during the sign up process.

The Company reserves the right to discontinue the promotion in case of significant price change for the domain registration/renewal price.

The Company reserves the right to discontinue the promotion at any time with or without prior notice. Upon promotion termination, all domains registered under the terms of the promotion may be converted to standard pricing and will be renewed according to the general Service Level Agreement.

The Customer has the right to cancel any domain registered by the Company at any time by disabling the domain renewal via their Client Area or request a domain cancellation by submitting a support ticket under the Billing Department category.

Free Domain Transfer

By transferring a domain name during or after the signup process as a part of the Free Domain Transfer promotion, the Customer acknowledges that the promotion is valid for the first billing cycle of their hosting service. Upon a successful free domain transfer, the domain expiration date may or may not be extended with 1 (one) additional year depending on the domain extension.

In case the Free Domain for Life promotion is not active on the domain's due date, upon renewal of the hosting service, the domain may be converted to standard pricing and will be renewed according to the general Service Level Agreement.

The Customer has the right to cancel any domain transferred to the Company at any time by disabling the domain renewal via their Client Area or request a domain cancellation by submitting a support ticket under the Billing Department category.

Same Renewal Price (Fixed Price)

The Company reserves the right to discontinue the promotion in case of significant price change of any price formation factors defined in the general Service Level Agreement.

The Company reserves the right to convert any hosting plan to its standard pricing or convert it to a different corresponding hosting plan in case the promotion is no longer available, or the original hosting plan is no longer available.

Affiliate Terms of Use

I. PARTIES TO THIS AGREEMENT

Simplifon Technologies Private Limited (HostSect.net, HostSect.in "HostSect", we), is a INDIA based corporation with business address Kamalpur, Mongalkote, Purba Barddhaan, West Bengal, 713147. This agreement is entered into by HostSect and each of its Affiliate(s). "You", "Your" refers to each and every affiliate of the HostSect affiliate program. Participation in the program constitutes full and complete acceptance of the Terms Of Service set forth herein.

II. PURPOSE OF THE AFFILIATE PROGRAM

The main purpose of the affiliate program is to reward and provide the ability to HostSect affiliates to promote HostSect services and improve HostSect brand awareness via all approved methods by the company.

Any use of the affiliate program that does not comply with the main purpose of the affiliate program, negatively affect other affiliates or the HostSect reputation and best interest may be considered as a violation of these Terms of Service.

III. AFFILIATE RIGHTS AND OBLIGATIONS

As a HostSect affiliate you understand and agree to the following terms:

  • You are allowed to open and run only one affiliate account; odd accounts will be closed at our sole discretion.
  • You are obligated to register and maintain correct and truthful contact information with HostSect.
  • You are solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost.
  • You are obligated to ensure that all materials posted on your site are not libelous or otherwise illegal or infringe the intellectual property rights of third parties.
  • You understand and agree that since we do not have control over your site, we disclaim all liability for the matters published, hosted or distributed via your website even if it includes HostSect affiliate promotional materials.
  • You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
  • The Federal Trade Commission (FTC) requires that connections between advertiser and endorsers be conspicuously disclosed. Blogs, websites, ratings and review sites, and similar must declare the compensation arrangement with the advertiser. As such, you must declare the financial relationship between you and HostSect in a prominent location on your websites in order to be in compliance with the FTC. HostSect retains the right to temporally or permanently close your affiliate account, should it be determined that you are not in compliance with applicable FTC regulations. HostSect will be the sole arbitrator as to what constitutes non-compliance.
  • We reserve the right to request additional information regarding all channels used to promote FastComet services. Failure to provide accurate information may result in forfeiture of commissions, affiliate account suspension or permanent exclusion from the program.
  • Affiliate materials cannot be placed within unsolicited email, unauthorized newsgroup postings, or chat rooms or through the use of "bots". Traffic generated illegally will not be counted and may result in the termination of your affiliate account with us.
  • You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes HostSect damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold affiliate commissions with respect to such.
  • You are obligated to act to the best of your abilities to refer customers in a good standing.

IV. A CUSTOMER IN A GOOD STANDING

A customer in a good standing is defined but not limited to the following terms:

  • A hosting account owner who have provided full and valid information during the sign up process.
  • The customer has not been flagged for fraud review or high fraud risk.
  • The customer intentionally and independently signed up for HostSect Hosting services.
  • The customer has used their own personal or business Credit/Debit card or PayPal account.
  • A customer who have agreed to all Terms of Service during the sign up process and have not intentionally or unintentionally violated any policies related to the general and hosting related terms of service.
  • Commissions generated by referred customers that are not considered in a good standing may be declined. HostSect reserves the right to determine which sale meets these requirements.

V. ADVERTISING METHODS AND AFFILIATE GUIDELINES

You may not modify or use for any other purpose any intellectual property rights, banners or other creative material supplied by us without the written prior consent of HostSect. All copyright or intellectual property rights notices on any material supplied or approved by HostSect must remain and not be modified or eliminated. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of HostSect.

By agreeing to participate in the HostSect Affiliate Program, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within email, direct marketing using your affiliate URL or print. These methods are the only approved methods by which you may advertise HostSect 's products and services.

HostSect will be the sole arbitrator as to what constitutes a non-compliant sale and may decline a commission if we have reasonable cause to believe that the advertising method used is inappropriate. HostSect consider the following methods of advertising for Inappropriate and commissions generated via one of the following methods will be declined:

  • Unsolicited mass-mail campaigns, spam or any illegal method of advertising.
  • Using Pay per Click, Pay per Action, Pay per Impression, pop-up/under, link/banner exchange or similar campaigns that use HostSect name, trademark or other phrases containing HostSect or misspelled variations of the HostSect trademark or directly link to HostSect website.
  • Saving campaigns that advertise vouchers, coupons, cache-back offers, discount codes or other financial incentives.
  • Any sales generated via cloaking, masking, iframe or any other techniques that are not actual affiliate link/banner click- through methods, not explicitly allowed by HostSect, will be considered as inappropriate.
  • Your website can not contain illegal or pornographic materials. Your site can not be involved in racial, religious or any other kind of discrimination or promoting violence towards any gender, religion or race.
  • Sites involved in distribution of illegal or copyrighted materials are not allowed to participate in HostSect Affiliate program.
  • The domain name of the affiliate site can not contain the word “hostsect” or misspelled variations of the HostSect in any form.
  • Advertising pages cannot advertise vouchers, coupons, cache-back offers, discount codes or other financial incentives in the Meta Data, Title, Description and URL address. Usage of the following words in the URL, title, meta data and page description is prohibited: "coupon", "discount", "offer", "promo or promotion", "cashback", "% off or OFF %" HostSect may decline commissions generated via pages/sites/domains which attract traffic only based on financial incentives without creating actual user value and useful resources.
  • Referral of family members, close relatives or friends is considered as referral and not affiliate sale. Affiliates can be compensated for such sales only as a part of our Referral Program with up to 3 months of free hosting on a standard shared hosting package without the option to take advantage of any active promotion or free addon services.
  • Advertising via profiles in social networks such as but not limited to Facebook, Twitter, Google+, LinkedIn to name a few, that contain HostSect, hostsect.net, hostsect.in, “Host Sect” or any other misspelled variations of the HostSect in any form.
  • HostSect reserves the right to decide if the used advertising method is appropriate. Even if the used method is not included in the list above, HostSect may decide it is inappropriate on a case by case basis.

VI. TRACKING METHOD

HostSect affiliate program performs tracking via browser cookies. Cookies are placed when a visitor click on an affiliate link while being redirected to the link destination page. This process involves a redirect to our affiliate program URL. In case of technical, hardware, software or any other kind of issue preventing the proper operation of our Affiliate System cookies may not be placed. HostSect is not responsible for any potential losses during such periods. Claims over such commissions will be reviewed on case by case basis but HostSect reserves the right to decide if the claim is legitimate or not.

Cookies are stored for a period of at least 10 days but this period may be changed with or without prior notice. HostSect is not responsible for possible commissions loss caused by cookies intentionally or unintentionally removed by users, or in case the user signed up for our services via a different browser, computer or while using Incognito/Privacy Mode of their browser.

If there is a previous affiliate cookie in the customer browser the new cookies will overwrite it, thus, sales will be recorded by the name of the affiliate whose link/banner was clicked last.

Coupon code is not a valid tacking method if the visitor did not have a valid affiliate cookie by the time of the purchase.

VII. COMMISSIONS AND PAYOUTS

All commissions that are paid to affiliates are calculated automatically, and are based on the commission structure presented at the affiliate home page, unless stated otherwise in a different agreement or in an appendix to this one, approved by both the affiliate and HostSect.

Commissions are paid under the following terms and requirements:

  • There is a successful purchase of one of the following products by customers, referred to HostSect site by an affiliate link: hosting packages or server packages.
  • The purchase has not been voided, cancelled or revoked/refunded within a 45-days period by the customer or by us and the account is active at the time of the payout.
  • All commissions are presented and paid in USD and INR.
  • Each affiliate must have at least one approved commission prior any payout request.
  • Commission levels are developed in a manner of fair motivation, created by the company for the affiliates in order to constantly maintain success. Affiliates are entitled to join the Default level upon sign up and throughout the month they can use all legal sources to enhance their performance and reach higher commission levels. Commission levels are: Default, Level 1 and Level 2. At the beginning of each month, these levels are reset so that affiliates are added automatically to the Default level, unless validity period is exclusively determined other way by HostSect in an additional agreement.
  • Moving from one commission level to another can be done only within one campaign.
  • Commissions generated on one level are not upgraded to the next level but only new commissions are counted towards the new level.
  • All commissions are manually approved and are paid to affiliates upon payout request if the commissions meet all conditions in this Terms of Service.
  • A valid commission is considered a unique purchase made by a new customer and not on existing customer or a subsequent renewal order. Only commissions with status APPROVED are paid to the affiliate and Hostsect is the sole instance of approval.
  • The customer you refer has not used our services before and has not signed up for an affiliate account with us before.
  • The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
  • Commissions can be paid through PayPal and Bank Transfer. For payments to be made through PayPal and Bank Transfer, you must provide us with the necessary information upon sign up.
  • HostSect reserves the right to decline any sale at our own discretion, without providing any explanation or justification.

VIII. OWNERSHIP AND LEGAL RESPONSIBILITIES

HostSect assumes ownership of the customer at point of first contact with the customer. You, as an affiliate, act as a referring agent for HostSect. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.

Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.

By opening an account as a customer, that person or entity will become a Customer of HostSect and, accordingly, all Customer rules, policies, and operating procedures will apply to them.

During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of our affiliate program (including, for example, referral fees earned by you under the program). You agree not to disclose or use the confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information will survive the termination of this Agreement.

You will indemnify and hold us unaccountable from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.

It is the affiliates' responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.

Presentation of our banners & content on affiliate's site is the responsibility of the affiliate. The affiliate must ensure that our content is presented in accordance with our outlines.

The affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any unlawful rights.

IX. TERM & TERMINATION

Either party may terminate this agreement at any time upon notice in writing to the other party. Termination is at will, for any reason, by either party. For purposes of notification of termination, delivery via email is considered a written and immediate form of notification

In the event of termination of this Agreement:

  • You must remove HostSect's banner(s) from your site and disable any links from your site to HostSect.
  • All rights and licenses given to you in this agreement are immediately terminated.
  • You will be entitled only to those unpaid referral fees if any earned by you on or prior to the date of termination.
  • If you have failed to fulfil your obligations and responsibilities, HostSect reserves the right to not pay you the referral fees otherwise owned to you on termination.
  • You and HostSect will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.

HostSect may modify any of the terms and conditions contained in this Agreement, at any time and at their sole discretion, by posting a change notice or a new agreement on the HostSect site. Modifications may include changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules.

HostSect may amend this agreement at any time without notice to you.

It is your sole responsibility to keep yourself updated with the latest version of the terms and conditions of this agreement. You agree to keep advised of any changes to this agreement by checking the HostSect web site on a periodic basis.

This Terms of Service does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE HostSect SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

IF YOU DECIDE NOT TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT COPY BANNER CODE, TEXT LINK CODE, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO HostSect.

Last Updated: 12th May, 2020

Cookie Policy

As we believe in being open and transparent, this Cookie Policy ("Policy") explains how we collect and use information through Cookies, so that you can make meaningful choices and informed decisions during your visit on our websites. In the spirit of transparency, this Policy provides detailed information about how and when we use cookies on our Website. For this Policy, the term, "Website" shall refer collectively to hostsect.net, hostsect.in and all additional domains/subdomains that Simplifon Technologies Private Limited (HostSect). operates and that link to this Policy.

Our use of cookies and similar technologies

When you visit or interact with our sites, services, applications, tools or messaging, we may use cookies and other similar technologies to make your experience better, faster and safer, for advertising purposes and to allow us to improve our sites, services, applications, and tools.

We hope the information below provides you with clear and comprehensive information about the technologies we use and the purposes for which we use them, but if you have any additional questions, or require any further information, please review our Privacy Policy or contact us at [email protected].

Your Consent

By continuing to use and navigate our sites, services, applications, tools or messaging, you agree to the use of cookies and similar technologies as described herein and in our Privacy Policy. If you do not wish to accept these technologies in connection with your visit to or use of our sites, services, applications, tools or messaging, you may visit our Privacy Options Settings page and see additional options below available to you to manage, control or delete our, or our service provider's, use of these technologies.

You may set your web browser to notify you when you receive a cookie or change the settings on your web browser to clear or disable cookies. If you decide not to accept cookies, you may not be able to take advantage of all of the features of HostSect's website. Additionally, please be aware that if you visit third party websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Cookies do not enable third parties to access any of your personal (e.g., contact) information. However, advertisers and partners may also use their cookies. HostSect does not control the use of these cookies and is not responsible for information collected through them

What are cookies and similar technologies?

Cookies are electronic collections of information stored on a local computer used by websites to keep track of visitors and registered users and to relate one computer transaction to a later one, and other methods of uniquely tracking visitors for different purposes.

We use a number of different cookies on the HostSect website, including necessary, functional, performance and targeting cookies. Cookies make your browsing experience better by allowing the site to remember your actions and preferences (such as login and region selection). This means you don't have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance, whether it's their first time visiting or if they are a frequent visitor. We use this information to improve the browsing experience for all of our users.

Some cookies are "required cookies" which are necessary for HostSect's website to work. Cookies are also used to provide HostSect's existing Subscribers with the opportunity for continued savings and increased convenience as described in more detail below:

  • Session cookies expire at the end of your browser session and allow us to link your actions during that particular browser session.
  • Persistent cookies are stored on your device in between browser sessions, allowing us to remember your preferences or actions across multiple sites.
  • First-party cookies are those set by a website that is being visited by the user at the time to preserve your settings (e.g., while on our site).
  • Third-party cookies are placed in your browser by a website or domain, that is not the website or domain that you are currently visiting. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie.

Similar technologies: Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods. These technologies can operate across all of your browsers, and in some instances may not be fully managed by your browser and may require management directly through your installed applications or device. We do not use these technologies for storing information to target advertising to you on or off our sites.

What cookies do we use and why?

Our cookies and similar technologies serve various purposes but are generally either necessary or essential to the functioning of our sites, services, applications, tools or messaging, help us improve the performance of or provide you the extra functionality of the same, or help us to serve relevant and targeted advertisements. More specifically:

Strictly Necessary or Essential: 'Strictly necessary' or "essential" cookies and similar technologies let you move around the website and use essential features like secure areas and shopping baskets. Without these technologies, services you have asked for cannot be provided. Please note that these technologies do not gather any information about you that could be used for marketing or remembering where you've been on the Internet. Accepting these technologies is a condition of using our sites, services, applications, tools or messaging, so if you prevent these from loading, we can't guarantee your use or how the security therein will perform during your visit.

Performance: 'Performance' cookies and similar technologies collect information about how you use our website, e.g. which pages you visit, and if you experience any errors. These cookies do not collect any information that could identify you and is only used to help us improve how our website works, understand what interests our users and measure how effective our content is by providing anonymous statistics and data regarding how our website is used. Accepting these technologies is a condition of using our sites, services, applications, tools or messaging, so if you prevent these from loading, we can't guarantee your use or how the security therein will perform during your visit.

Functionality: These cookies, or similar technologies, are used to provide services or to remember settings to improve your visit. However, these cookies do not tell HostSect who a visitor is, the visitor's name, email address, or passwords.

Advertising: Our sites may place first or third-party cookies, applications, or tools, to deliver content, including product-related advertisements, relevant to your specific interests on our websites or third-party sites. These technologies allow us to understand how useful our ads are, and improve the relevancy of the content delivered to our users.

We also utilize 3rd party service providers to assist us in delivering on the same functions, which means that our authorized service providers may also place cookies, and similar technologies on your device via our services (third-party cookies). They may also collect information that helps them identify your devices, such as IP-address, or other unique or device identifiers.

Social Buttons

Social Buttons for third-party social media sites are used to enable our users to share or bookmark web pages. We cannot prevent these sites from collecting information about you. To understand how third-party social media sites use information about your activities on our website and the Internet, please read their respective Terms of Use and Privacy Policies.

Web Analytics Service

HostSect uses web analytics services to improve the usability and design of our customer experience. These services may record anonymous mouse clicks, mouse movements, and scrolling activity, but we'll never use them to collect personally identifiable information from you. We only use this data internally to help us understand and enhance your HostSect experience.

How to manage, control and delete cookies, and similar technologies

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), it may limit your use of specific features or functions on our website or service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site. Please note, as further described in our Privacy Policy, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser.

You can generally activate or later de-activate the use of cookies through the functionality built into your web browser. To learn more about how to control cookie settings through your browser:

  • Click here to learn more about the "Private Browsing" setting and managing cookie settings in Firefox;
  • Click here to learn more about "Incognito" and how to manage cookie settings in Chrome;
  • Click here to learn more about "InPrivate" and how to manage cookie settings in Internet Explorer;
  • Click here to learn more about "Private Browsing" and how to manage cookie settings in Safari.

If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.

Privacy Policy

Registration and use of personal data

"97-Day Money-Back Guarantee" offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.