Terms of Service

These Terms of Service (the “Agreement”) are an agreement between you (“User” or “you” or “your”) and Endurance International Group (India) Private Limited, an Indian corporation. This Agreement sets forth the general terms and conditions of your use of the products and services made available by us and on our website (collectively, the “Services”). Additional Policies and Agreements Use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the terms of the following policies. Acceptable Use Policy Copyright Infringement Policy Data Request Policy Privacy Policy Additional terms may also apply to certain Services and are incorporated into this Agreement by reference as applicable. For example, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement will also apply to you as applicable and would be incorporated into this Agreement.

 

Account Eligibility By registering for or using the Services, you represent and warrant that: You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services. It is your responsibility to provide accurate, current and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct and complete at all times. We are not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through our billing and support system. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Company Content Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company or the Company’s licensors. Company Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use Company Content that is not expressly granted in this Agreement are reserved by the Company and the Company’s licensors. User Content You may upload, store, publish, display, and distribute information, text, photos, videos and other content for your website on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to the Company a non-exclusive, royalty-free, worldwide right and license to (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. We exercise no control over and accept no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that the Company shall have no liability due to any corrective action that we may take. HIPAA Disclaimer. The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. We do not control or monitor the information or data you store on or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements,” and you agree that the Company is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat. Certain Services; 404 Error Page. In the event you fail to configure a 404 error page, a default 404 error page will be configured by the Company to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize the Company’s placement of a default 404 error page and its associated content on your website. The Company’s 404 error page may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. the Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.

 

Third Party Products and Services Third Party Providers We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing. Please refer to Appendix A to obtain links to the terms and conditions of certain third party providers. Appendix A is a representative list and not a comprehensive list of goods or services offered by third-party providers. The Company does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. The Company is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction. The Company as Reseller or Sublicensor We may act as a reseller or sublicensor of certain third-party services, hardware, software and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold Products, either sold, sublicensed or provided by us to you will not be deemed a breach of the Company’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Resold Product is limited to those rights extended to you by the manufacturer of such Resold Product. You are entitled to use any Resold Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Resold Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Resold Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

 

Third Party Websites The Services may contain links to other websites that are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate. Prohibited Persons (Countries, Entities, And Individuals). The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not: (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, the Company also does not register and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

 

Lorem ipsum dolor sit amet, consectetur adipiscing elit. In nec lectus eget neque suscipit auctor at ut odio. Aliquam hendrerit augue arcu, ac rutrum arcu aliquet nec. Fusce in accumsan ipsum. Nulla facilisi. Sed fringilla mauris ac aliquet venenatis. Mauris risus lectus, tristique in tempor et, fringilla vel est. Etiam cursus ante ac mauris malesuada laoreet. Ut lacinia eros quis vestibulum tempor. Etiam vitae lectus rhoncus, elementum eros ut, viverra dolor. Ut facilisis eget mauris quis tempus.

 

It applies to all services of HostCart India PVD LTD. i,e Shared Hosting, Reseller Hosting, VPS Hosting, Dedicated Hosting and Domain Registration. If in doubt regarding the acceptability of your site or service, please contact us at support@hostcart.in and we will be happy to assist you. HostCart India provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of HostCart are subject to the following terms of service HostCart takes backups thrice a week for all Shared hosting plans. Your use of our backups is at your sole risk. We do not charge to restore / give backup. HostCart is not responsible for the data residing on your account. HostCart does not provide backups for the VPS and Dedictaed servers. We do not support trafficking, sharing or selling online stolen credit card, bank account, PayPal or other sensitive financial information under any circumstances. Any service under our hosting environment found being used for hosting fraudulent carding systems will be suspended immediately without notice. . All services provided by HostCart.In may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HostCart.In and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced.Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all HostCart.In servers. This includes sites that include sexually explicit or hardcore images and/or advertising. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances. If you have bought DMCA Ignore services kindly check our DMCA Policy. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW AND/OR REGULATION, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR COPYRIGHT OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. AThe following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Proxy servers Mail bombers Anonymous mailers IP spoofers Port scanners Telnet or SSH Access Scripts PhpShell Torrent Phishing Pornography Nulled Scripts, Plugins, Themes which contains virus/malware At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 10 days before the renew date of Hosting services and 30 days before for domain renewal. HostCart provides 2 days grace period after the renew date. If the invoice is not paid within the 2 days grace period HostCart will temporary suspend services until the invoice is paid in full.But there is No grace period for Dedicated and Cloud Vps you have to pay your due ammount before the due date otherwise your services will suspended instantly.HosCart will notify you upon Invoice generation via SMS or E-mail. We accept Visa, Master Card, American Express, Discover Card, Paypal, Paytm. Clients are encouraged to pay by credit/debit card or paytm as it is the easiest way to handle payment at this time..

 

Account Security and Company Systems. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitor for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee. We reserve the right to migrate your account from one data-centre to another in order to comply with applicable data centre policies, local law or for technical or other reasons without notice.

 

Billing and Payment Information Prepayment. It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.

 

Autorenewal. Unless otherwise provided, you agree that until and unless you notify hostcart of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using the account balance in your hostcart account or your credit card on file with us. It being hereby clarified and agreed that: for Services which have a term of less than or equal to three (3) months, the same will be automatically renewed seven (7) days before the renewal date; for Services which have a term of more than three (3) months, the same will be automatically renewed thirty (30) days before the renewal date; even if you have opted for auto renewal of the Services, the same will fail, if you do not have sufficient account balance in your hostcart account and/or a credit card on file with us.

 

Term and Termination of the Services. Term of Services. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the "Initial Term"). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any. Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term in the control panel. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the forty-five (30) day money-back guarantee if applicable. After the account is canceled, all User Content will be permanently removed from the server. Please make a backup of all User Content before you contact the Company to cancel your account. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term. Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders. Disabling automatic renewal option. User must login to the control panel prior to the Services or domain renewal date to disable the automatic renewal option. Termination. The Company may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to the Company; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm the Company or others, cause the Company or others to incur liability, or disrupt the Company’s business operations (as determined by the Company in its sole discretion); (iv) you are abusive toward the Company’s staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, the Company will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Modification of Services. The Company reserves the right to modify, change, or discontinue any aspect of the Services at any time. Data Deletion. Upon termination of the Services for any reason, User Content, Subscriber Websites, and other data will be deleted. You should always maintain back-up copies of all User Content, Subscriber Websites, and other data. The Company is not responsible for the loss of any User Content. It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and

 

Refunds 30 Day Money-Back Guarantee The Company offers a forty-five (30) day money- back guarantee for shared, VPS, and reseller hosting services. If you are not completely satisfied with these hosting services and you cancel your account within forty-five (30) days of signing up for the Services, you will receive a full refund of hosting fees paid (the “Money-back Guarantee Refund”). The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section. Money-back Guarantee Refunds only apply to shared, VPS, and reseller hosting services and do not apply to domain registration fees, setup fees, dedicated servers, or any fees for additional services. Only first-time accounts are eligible for a Money-back Guarantee Refund. For example, if you’ve had an account with us before, cancelled and signed up again, or if you have opened a second account with us, you will not be eligible for a Money-back Guarantee Refund. Violations of this Agreement will waive your rights under the refund policy. Nonrefundable Fees.Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on Sectigo WebDNS, dedicated servers, or additional products or services such as Codeguard, Digital Certificates, shared VPS hosting, SiteLock install fees for custom software, and/or any other products or services of the Company. Domain Registration Fees.In the event you cancel the Services prior to the expiration of forty-five (30) days money-back guarantee period and requests a refund in compliance with the terms and conditions of this Section 12, you will receive a Money-back Guarantee Refund provided that if you register any domain name as part of a "Free Domain Name" promotion in connection with the Services, your refund will automatically be reduced by the regular cost per domain name. You will retain full ownership and control of any such domain names."