Terms of Service

Terms of Service

AWHI.IN Acceptable Use Policy (AUP)
This Acceptable Use Policy (AUP) applies to all individuals, businesses, organizations, resellers, and end-clients/users employing any AWHI.IN services, hardware, property or other products.
Use of AWHI.IN resources constitutes acceptance of all policies in effect at the time of use. Modification to this policy may be made at any time and will be immediately effective upon posted changes.
AWHI.IN reserves the right to protect its resources, users, and reputation from any activity deemed damaging, offensive or abusive. To this measure, AWHI.IN will act as sole arbiter in determining violations of this policy.
· Provisions:
Use of AWHI.IN services indicates the acknowledgment that:
Users are responsible for the security of accounts, systems, passwords, etc…and will not hold AWHI.IN liable for any loss or damages caused by exploitation or any other misuse of AWHI.IN resources.
AWHI.IN is not responsible for any damages, anticipated or otherwise, caused by viewing materials, links, or other content posted to systems on the local network or linked via this network. All users agree to indemnify AWHI.IN from any claims resulting from any use of its services.
Adult content is sanctioned by applicable local and federal governments/laws. Legal adult content is permitted on all AWHI.IN product lines. The viewing, downloading, or possession of legal adult content by AWHI.IN users and other Internet viewers, is not governed by AWHI.IN policy, and is left to the discretion of individuals requesting this material.
AWHI.IN may monitor its network and audit systems for any data or activity indicating potential policy violations.
AWHI.IN reserves the right to remove any account without prior notice. If AWHI.IN deactivates an account due to the direct or indirect participation of users engaging in illicit activities, any rights to a refund are forfeited by the client/reseller in control of the account at the time of the violation. Furthermore, no refunds for advance payments will be granted for deactivated accounts. Critical offenses and involvement in illegal activity will negate any perceived obligation of AWHI.IN to return data.

· Abusive Clientele:
AWHI.IN may, at its discretion, suspend or terminate the service of any client/reseller who is financially delinquent, abusive/harassing to AWHI.IN personnel, or causes general disruption to the operation of the company and service of its users. Examples of such activity include, but are not limited to:
verbal or written abuse of AWHI.IN personnel (obscene language, threats, etc.)
excessive complaints or persistent disregard for alerts, warnings, and/or notices
repeated reactivation of abusive users
consistent errors or administrative changes causing unnecessary workload
spamming AWHI.IN email addresses, ticket systems, and/or servers
frequent late or bounced payments
issuing chargebacks
public harassment or derogatory/false/exaggerated forum/discussion group postings

· Abuse of AWHI.IN Systems and Resources:
Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of AWHI.IN resources, is a violation of this policy. Any attempt to harm equipment owned by AWHI.IN, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.
o Illegal Usage Restrictions:
Resources provided by AWHI.IN may be used only for lawful purposes. Examples of unlawful content include, but are not limited to:
unlicensed hosting of, linking to, or any involvement in the transmission of copyrighted media, applications, published works, or any data protected by trade secret, without sufficient rights to engage in this activity
child pornography and/or kidnapping material
content deemed to be terroristic in nature
material posted to incite violence
violations of human and animal rights, including the display of acts of cruelty and other abuse
pyramid/ponzi schemes
fraudulent sites and other forms of ?phishing? (emails/forms/sites used to gather personal information from unsuspecting individuals)
cracking programs and/or key generators
violations of import/export restrictions

o Prohibited Usage Restrictions:
In addition to activities governed by law, AWHI.IN strictly prohibits:
IRC and associated applications (including bouncers, “bots”, etc.)
malware (malicious software) and/or botnets
automation tools, auto typers, macros and bots used to circumvent restrictions on games or other applications (e.g. RuneScape bots)
network and systems abuse scripts
circumvention of and/or provision of instructions to circumvent security measures
unnecessary port scans
threatening, harassing, or obscene content
anonymizers/proxies without password protection and sufficient logging (including open mail proxies, anonymous web surfing proxies)
proxy detection scripts
unsolicited and/or mass advertising via forums, blogs, comment forms, and newsgroups
mail bombing, email address harvesting, and/or unsolicited email (including bulk mail sent to unconfirmed recipients and individual unsolicited advertisement or link exchange requests)
HYIPs (high-yield investment programs)
excessive overutilization of resource limits
evasion of bans or blacklistings by changing domains/IPs
*** Links to unacceptable content are also prohibited

o Bulk Email & Blacklisting:
AWHI.IN understands that bulk email is an important mechanism for keeping people informed. However, spamming from the AWHI.IN network, and spamvertising (unsolicited advertising of) sites hosted on the AWHI.IN network, is prohibited. Legitimate bulk email meets the following criteria:
ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails.
Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained.
The usage of partially confirmed recipient lists is not allowed. All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited. If AWHI.IN approaches a client for evidence of confirmation, the request must be honored within 48 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved. AWHI.IN reserves the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $100.00.

o Policy Violations:
Storage, presentation, or transmission of any material in violation of any laws, or otherwise prohibited by AWHI.IN, is cause for temporary account deactivation, server/service termination, or complete cancellation of all account services. The AWHI.IN Abuse Dept will make an attempt to contact the involved client via email when the first sign of a possible violation is noted. This notification may occur before or after a service is disabled. Alerts are provided as a courtesy. Prompt responses to alerts are required. When an alert is sent, the designated abuse contact is responsible for acknowledging his/her understanding of the offense and providing an adequate response, to the satisfaction of AWHI.IN, within 24 hours of the notice. Failure to sufficiently respond to an abuse alert will lead to suspension of any active services involved in abusive activity and will result in a $50.00 fee. If reactivation is warranted, all abuse fees and any outstanding service fees must be paid prior to service being reactivated. Repeated abuse and/or failure to respond to abuse alerts will result in service termination. Note: It is extremely important to ensure that the abuse email address on record is valid and monitored at all times. This is the address used for abuse notifications and warnings. The address may be set within the client management interface. Direct clients/resellers are fully responsible for any activity found to originate from products and/or services under their care. In any case involving unauthorized parties utilizing a AWHI.IN service for abuse, the direct client/reseller is responsible for locating and stopping all affected applications, until the source of the problem is found and removed. AWHI.IN may opt to disable all services until the client can perform such an investigation or the system can be secured or reinstalled. If the support of AWHI.IN is required for the investigation, the client agrees to compensate AWHI.IN at a rate of $65 USD/hour for such service. Reinstallations are performed at a flat-rate of $25 USD (which does not include any operating system changes or licensing costs). Direct clients/resellers are responsible for maintaining secure systems. This includes, but is not limited to:
requesting kernel updates
applying application patches
AWHI.IN will not be responsible for securing dedicated servers, virtual private servers, user accounts/web sites, or third-party applications. Direct clients/resellers with fully managed support services, may be entitled to a higher level of support than clientele with basic management. Further details may be found in the AWHI.IN Managed Services Definition and Backup Policy.

o Resource Usage:
Resource usage should be maintained within levels outlined in product descriptions and/or service contracts. Abuse caused by users or unauthorized parties may increase resource usage and lead to overage fees. Overage fees apply to any service utilizing more than its assigned bandwidth allocation, except for services advertised/sold as “UNMETERED”. Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless otherwise specified in the service agreement contract. MRTG or other bandwidth reports are available, upon request. Bandwidth is supplied from a shared pool and is not supplied as guaranteed/dedicated bandwidth, unless advertised as such specifically. Burstable usage of the UNMETERED service/port is permitted. However, a service that has heavy sustained usage may have its port capped and the client/reseller associated with the service may be required to upgrade to a dedicated service plan. UNMETERED service is supplied on a “best-effort” basis, which may result in some slowdowns during peak traffic periods. Should a client/reseller utilize or require large amounts of bandwidth, beyond the standard bandwidth allocation, AWHI.IN may require a deposit.
o Port Usage:
Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold with a specified port size (ie. 10MBPS UNMETERED) or specified/requested as a ?capped? port. AWHI.IN reserves the right to monitor network usage and throttle the available speed (if a service significantly exceeds average usage) to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, and not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If, at any time, a client’s or reseller’s data transfer rate affects other AWHI.IN clientele, AWHI.IN reserves the right to throttle and/or disconnect the service at the source of the problem.
o Filtering:
AWHI.IN reserves the right to block, filter, or throttle ports and/or IP address ranges. For example, this may include blocking Port 6667 (IRC), denying access from a known spammer?s IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, eDonkey, etc…). This may also include prioritization of certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.
o Virtual Hosting:
AWHI.IN is pleased to offer unlimited traffic/hits and server usage to Virtual Hosting clientele. ?Unlimited traffic/hits? refers to the number of visitors to a website and NOT the total amount of bandwidth/data transfer. Each Virtual Hosting account is still limited to the bandwidth/data transfer included with its associated service/package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:
banner, graphic, or CGI scripts running from the service and/or being utilized on other domains/websites
large graphic or download archives/galleries
large chat room gatherings
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded. To reduce the load on a server, AWHI.IN reserves the right to relocate any site to a different server and/or IP address.

o Virtual Private Servers (VPS):
To maintain the integrity of AWHI.IN services, any VPS (virtual private server) utilizing heavy amounts of system resources may be temporarily disabled. When necessary, clients/resellers may be required to upgrade the service package to accommodate actual usage. Additionally, to reduce the load on servers, AWHI.IN may relocate virtual private server containers to different nodes and/or IP addresses.
o Internet Access:
AWHI.IN does not allow multiple dial-in connections on a single dial-up access account. Multiple computers/networks are permitted to a single AWHI.IN Internet Access service. Internet Access clientele are responsible for maintaining/securing their computer systems. Should any system become infected with a virus and/or spyware which causes or threatens harm to the AWHI.IN network, AWHI.IN may suspend service until the source of the problem is found and corrected.
o Backup Service:
To maintain the integrity of backup services, AWHI.IN may relocate any backup service to a different server and/or IP address in an effort to reduce the load on the current hosting server.
Download/FTP sites, web-serving (httpd), and/or any usage that results in heavy upstream/outgoing bandwidth consumption (beyond that of normal backup operations) is not permitted on the backup service machines. This service is meant for the backup/restore/sharing/storing of data and not for usage normally performed by web/database servers.
o Idle Timeouts:
AWHI.IN may disconnect any idle connection to the network. Average timeouts are:
FTP – 300 seconds
Dial-Up – 10-15 minutes
Telnet/SSH – 2 hours
Service Limitation. This service is a special limited time offer by AWHI.IN, and may be cancelled, modified, or withdrawn at any time, following 14 days notice emailed to the Client.
Fair Usage Policy. The service is provided to the Client for normal, fair, and reasonable usage. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns/spikes. In the event AWHI.IN, in its sole discretion, determines that the Client is not using the service according to this Fair Use Policy, AWHI.IN will be entitled to: (a) impose limits on the speed of the data the Client may transmit and/or receive with this service; (b) adjust pricing of service to regular/standard bandwidth rates; and/or (c) suspend or terminate the service provided to the Client, at AWHI.IN’s sole discretion.
CDN or Media Streaming. Client shall not be entitled to use the service for the purpose of operating a Content Distribution Network (CDN) and/or Streaming Media service, except with AWHI.IN’s prior written consent, which consent may be approved or denied at AWHI.IN’s sole discretion. Special requests to use the service to run such, may be approved on a case-by-case basis, and we do recommend you contact us to discuss.
Notice of Breach. Whenever reasonably possible, in the event of a Client breach of any Special Terms and Conditions for this service, AWHI.IN will email the Client allowing 24 hours to cure the breach, before AWHI.IN takes any action. If the breach re-occurs within the 30 days following, AWHI.IN may take any action permitted in the Fair Usage Policy, without further notice to the Client. Failure to comply with this policy may result in termination of service, and a refund not granted.

o Special Terms and Conditions for 100TB Service:

Service Limitation. This service is a special limited time offer by AWHI.IN, and may be cancelled, modified, or withdrawn at any time, following 14 days notice emailed to the Client.
Fair Usage Policy. The service is provided to the Client for normal, fair, and reasonable usage. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns/spikes. In the event AWHI.IN, in its sole discretion, determines that the Client is not using the service according to this Fair Use Policy, AWHI.IN will be entitled to: (a) impose limits on the speed of the data the Client may transmit and/or receive with this service; (b) adjust pricing of service to regular/standard bandwidth rates; and/or (c) suspend or terminate the service provided to the Client, at AWHI.IN’s sole discretion.
CDN or Media Streaming. Client shall not be entitled to use the service for the purpose of operating a Content Distribution Network (CDN) and/or Streaming Media service, except with AWHI.IN’s prior written consent, which consent may be approved or denied at AWHI.IN’s sole discretion. Special requests to use the service to run such, may be approved on a case-by-case basis, and we do recommend you contact us to discuss.
Notice of Breach. Whenever reasonably possible, in the event of a Client breach of any Special Terms and Conditions for this service, AWHI.IN will email the Client allowing 24 hours to cure the breach, before AWHI.IN takes any action. If the breach re-occurs within the 30 days following, AWHI.IN may take any action permitted in the Fair Usage Policy, without further notice to the Client. Failure to comply with this policy may result in termination of service, and a refund not granted.

Support For All Products:
All AffordableWebHostingIndia.Com services are basic managed and guarantee support for network level incidents, hardware failures, or custom support as mentioned on the product pages.
All tickets submitted to the client area will be answered within 48 hrs, depending upon the queue before the client.
No refund shall be provided on the basis of support, as we are unmanaged service providers.

Email Hosting
AffordableWebHostingIndia.Com offers email hosting services to its clients on its network datacenter servers. We setup the servers within 48-72 hrs, and ensure delivery to private servers.
There is no guarantee of delivery to Gmail, Hotmail, Yahoo or any other free email service provider as they have tightened their Spam policies to not allow mails from private servers. Even if the mails are getting delivered in the start, they may stop at any time. We configure the servers at our best before delivering them to clients, but still these providers sometimes recognize it as spam. No refund shall be provided on grounds of email delivery to free email providers.
No unsolicitated mailing is allowed, and a list, and an option to unsubscribe must be mentioned in all mails. For optimum delivery configure your bulk mailing software to send emails in batches of 400 mails/instance, and then pause for minutes before shooting next batch.

Shared Hosting
Packages do not allow hosting illegal contents, IRC chatbots. If any account is found to be using too much resources, it will be terminated upon notice to the client. A backup may or may not be provided depending upon the case. All clients should backup their data every 3 days, as we dont keep any backup.


1>Email Service on shared hosting
Maximum emails allowed per hr per account on both Linux & Windows – 150/hr to max 1000/day. Email sending is stopped at reaching this limit, and requeued for next session. Once next quota starts, email sending is resumed again

2> Refund Policy
1. Shared Hosting accounts are refunded in case if we are not able to solve a server related issue of the client within a stipulated time. Refunds to such accounts can be processed only within 30 days of purchase.
2. Client not able to understand our service model is not a ground for refund, because we have listed all product details on the website itself.
3. We do not provide any refund on any services unless explicitely mentioned on our website product description page
4. No client can seek any refund on grounds of accessories like emails not working, email delivery to free email service providers, database issues, or support for custom or third party scripts issue
5. A refund request can be considered  in cases if our servers crash and we are unable to provide new servers for 15 days. In such case a pro-rata and not full refund will be provided to all concerned clients.
6. No refund will be provided even if client purchases hosting for multiple years, and does not wish to continue with us, if one of the clause of refund are not met
7. Absolutely no refund in any case for domains, ssl certs, dedicated servers, colocation, IP allocation, cloud hosting, VPS hosting, control panel licenses, whmcs & Boxbilling licenses.
8. No refund will be provided to accounts which have been suspended because of violating our TOS
9. For resellers and master reseller accounts a refund can be processed only within 24 hrs of purchase
10. Installing SSL on shared hosting IP is absolutely prohibited. if a client installs SSL on shared hosting IP, his account will be suspended and will be unsuspended only after the payment for dedicated IP is received.
If at all a refund is going to be processed, then a charge of Rs200/support ticket answered is deducted from the amount paid. If we have transferred client’s domains from some other server to our servers, then a charge of Rs200/domain transfer will also be deducted from the amount paid. A setup fee of Rs200 is also deducated from total paid amount. Any transaction charge , charged during order process cannot be refunded.

3> Resource Usage:
Considering limitations of shared hosting, if any website is found to be using too much resources, such that performance of other websites hosted on the same server is compromised, his/her/their account will be suspended immediately. No notification is sent to the client. In such cases client will not be entitled for any refund. provision of backup shall be on sole discretion of AffordableWebHostingIndia.Com management.
Maximum CPU use allowed is 8% . We usually do not suspend accounts based on resource usage unless its causing regular spikes and downtimes for other websites. In case an account is suspended, we will provide the client/reseller with backup file and account will be terminated from the server. No refund will be provided.
Maximum memory that can be consumed by any particular account is 512MB, for 15 mins max, and no two occurrences of such high memory should occur within a week. If there are more than two occurrences, then management may decide to suspend that domain.


5> We do not host:
warez
IRC chat bots
torrents
illegal softwares
mp3/mp4 sites
video streaming websites
illegal / nulled scripts
bulk emailing softwares
copyright infringing contents
porn sites
software download website
open source scripts downloads website
any kind of downloads website
any kind of file hosting site
free web hosting site
high resource consuming sites that need to use a VPS / Dedicated Server.
any website that violates the law of US or India.


Accounts of clients violating our terms of service can be suspended / terminated without notice. A backup may or may not be provided depending upon the grade of violation, as decided by the AffordableWebHostingIndia.Com management.
Under shared hosting platform, plans which allow multiple domains hosting, should be only used for hosting websites registered by same registrant. It is not for use by web designers, who design websites for their clients. Web designers should purchase reseller /master reseller hosting package.
6> If a spam abuse complaint is received for any client account, account is suspended immediately, untill we have clarification from the client in this regard. Mails should be sent only to accounts who have signed up with you to receive mails. A database should be maintained of registered users, and if any spam abuse complaint is received, a snapshot of the database should be presented.
7> Website Defacement : If any website is showing content from any other website which owns the trademark, or patent for that content then the website will be suspended immediately, and no backup shall be provided to the client

8> In the event of server crash, we will arrange for a new server within 8 days. If the clients do not receive new server account information within 15 days, a prorata refund will be processed to all clients. Though we do not guarantee any data recovery in such cases. Clients should take the backup of their data regularly.

9> We do not keep backups of the data, its clients responsibility to take regular backups of the data.

10> We do not share client’s account information or any detail publically, unless client has posted a negative review about us, threatens to post negative review about us, violates our TOS or has a product which requires sharing of data with third parties, in which case our representatives can, to clarify things, post any info related to client account. We can also share the detail with law authorities if required.


Data like server logs etc will not be presented to the client, but can be presented in court / to the legal authority if required and available.

11> In following cases account will be terminated without notice, no data backup or refund will be provided  :
Abuse to any of our operators
In case client files a dispute with his/her bank or payment gateway
In case any client threatens to file a dispute
In case any client threatens to file any legal complaint against us
In case any client files a legal complaint against us
Doing illegal activity on the server
SSH access on Linux Servers
Trying to access remote desktop on windows servers
Brute Force Attacks on the server
Publically displaying their account username and password
Bulk Mailing from any shared hosting server
In case client threatens to post a negative review anywhere
In case client posts a negative review anywhere
In any of above cases, client’s account in client area will be closed, he / she will be blocked from accessing our support lines via phone, email, sms or tickets. All his privileges will be revoked.
12> In case a client violates any of our terms of service all above & following will apply :

1. Client's account at whitelabelhost.in is closed immediately , so that he won't be able to login or submit a ticket
2. We will not reply to any of his means of communication
3. We will not provide any data backup of his existing data
4. We will not provide access to his domains
5. We will suspend or terminate his account anyway
6. We can file a legal complaint against the client as and when desired by the management, in which case we may present all and every confidential data to the law authorities or to third parties.

 
More points:  
Its upto clients to take care of their data. We are not responsible for any data loss in any case
We are not responsible for any intrusion / hacking attempts at client’s accounts
We are not responsible for the data , in case of server crash. In such cases a new account on new server without any data will be provided to all clients, who were hosted on the server. No data recovery is possible in case of server crash
If any account is found violating our terms of service, account will be terminated straight forward, without any notification
Its client’s responsibility to read our Terms of Service periodically for any changes. Changes in TOS may not be notified.
We do not provide any refund in any case, period. NO exceptions to this rule
If any client is having data too important, its not advisable to host it on shared hosting servers. Such clients are requested to purchase a dedicated server with virtual private network.
In all cases, decision taken by AffordableWebHostingIndia.COM management shall be considered final and abiding to all parties concerned.
All legal issues are subject to Wyoming, USA , jurisdiction.
Free / Promo Domains with hosting plan:
In case of free domains that come with hosting plan or domains running under promos, domain ownership is not provided to the clients. Only domain is pointed to their hosting account , and they can use it till the time their domain is hosted with us.
In the event that client wishes to have full ownership of the free domain or wants to transfer out a free domain, he/she will be charged full domain registration charge before allowing the transfer.
In the event that client wishes to have full ownership of the promo domain or wants to transfer out a promo domain, he/she will be charged Rs250/-  as transfer out charges
Clients domain is registered with administrative, technical, and abuse email addresses which are associated with our whitelabelled domain http://supportsolutions.tk , in any form of [email protected] , this cannot be changed on any request. Though clients can pay full domain transfer charges and transfer out the domains after initial 60 days of registration by paying the transfer out charges of Rs250/- if transferring outside our network, or domain transfer charges as usual as mentioned on our website
Free/promo domains are registered from third party domain registrars, and we do provide client information to those registrars, only for domain registration. Third party registrars may contact clients via phone/email for marketing purposes if needed.
Free/Promo domains do not come with any DNS management from domain registry. They need to be managed from the hosting control panel. For each nameserver update to external hosting providers, a charge of Rs200/- will be levied.
WhiteLabelHost.IN is our support portal where all orders are shifted after receipt of payment. Client account is created and activated at whitelabelhost.in, and all notifications received from whitelabelhost.in should be considered official and final

** .tk domain terms:
– free domain availability depends upon dot tk registry. If your domain is not available upon registration processing, you will be informed via email
-needs atleast 90 hits/mo to be active, if inactive for more than 3 months, domain will be deleted from the registry