Terms of Service

OVERVIEW

This Terms of Service Agreement (this “Agreement”) is entered into by and between ubiqhost and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of ubiqhost services (“Services”) purchased or accessed through the ubiqhost website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through ubiqhost.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:

Privacy Policy

The terms “we”, “us” or “our” shall refer to ubiqhost. The terms “you”, “your”, “User” “Subscriber” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

ubiqhost, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) ubiqhost may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, ubiqhost may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. ubiqhost assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

ELIGIBILITY AUTHORITY

The Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, ubiqhost finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. ubiqhost shall not be liable for any loss or damage resulting from ubiqhost’s reliance on any instruction, notice, document or communication reasonably believed by ubiqhost to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, ubiqhost reserves the right (but undertakes no duty) to require additional authentication from you.

ACCOUNTS

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an Account. You represent and warrant to ubiqhost that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If ubiqhost has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, ubiqhost reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password and Payment Method(s). For security purposes, ubiqhost recommends that you change your password at least once every six (6) months for each Account you have with ubiqhost. You must notify ubiqhost immediately of any breach of security or unauthorized use of your Account. ubiqhost will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss ubiqhost or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

RULES OF CONDUCT

You acknowledge and agree that:

– Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
– You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
– You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
– You will not use this Site or the Services found at this Site in a manner (as determined by ubiqhost in its sole and absolute discretion) that Is illegal, or promotes or encourages illegal activity.
– Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior.
– Promotes, encourages or engages in child pornography or the exploitation of children.
– Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class.
– Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
– Infringes on the intellectual property rights of another User or any other person or entity.
– Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity.
– Interferes with the operation of this Site or the Services found at this Site.
– Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding ubiqhost’s Services.
– You agree to back-up all of your User Content so that you can access and use it when needed. ubiqhost does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
– You will not use this Site or the Services found at this Site, including any of ubiqhost’s related technologies, for any commercial use without ubiqhost’s express prior written consent.
– Please view our CPU Usage policy here
– Please view our Email Usage Policy

ubiqhost reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY

ubiqhost generally does not pre-screen User Content (whether posted to a website hosted by ubiqhost or posted to this Site). However, ubiqhost reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. ubiqhost may remove any item of User Content (whether posted to a website hosted by ubiqhost or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by ubiqhost in its sole and absolute discretion), at any time and without prior notice. ubiqhost may also terminate a User’s access to this Site or the Services found at this Site if ubiqhost has reason to believe the User is a repeat offender. If ubiqhost terminates your access to this Site or the Services found at this Site, ubiqhost may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

ADDITIONAL RESERVATION OF RIGHTS

ubiqhost expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by ubiqhost in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by ubiqhost in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of ubiqhost, its officers, directors, employees and agents, as well as ubiqhost’s affiliates.

ubiqhost expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

NO SPAM POLICY

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward ubiqhost, but also because it can overload ubiqhost’s network and disrupt service to ubiqhost’s subscribers. Also, maintaining an open SMTP relay is prohibited.

TRADEMARK AND/OR COPYRIGHT CLAIMS

ubiqhost supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in the CONTACT INFORMATION of this agreement.

LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by ubiqhost. ubiqhost assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, ubiqhost does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release ubiqhost from any and all liability arising from your use of any third-party website. Accordingly, ubiqhost encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. Ubiqhost, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Ubiqhost, its officers, directors, employees, and agents make no representations or warranties.

About (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and ubiqhost assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by ubiqhost, its officers, directors, employees, or agents (including, without limitation its call center or customer service representatives) will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

LIMITATION OF LIABILITY

In no event shall ubiqhost, its officers, directors, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from
(i) the accuracy, completeness, or content of this site,
(ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
(iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
(iv) personal injury or property damage of any nature whatsoever,
(v) third-party conduct of any nature whatsoever,
(vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,
(vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
(viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
(ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or
(x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not ubiqhost is advised of the possibility of such damages.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, you specifically acknowledge and agree that in no event shall ubiqhost’s total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless ubiqhost and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ubiqhost directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

FEES AND PAYMENTS

Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. ubiqhost may use Merchant Updater Services to receive updated billing information from participating providers.
Automatic Renewal of Hosting Account: As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s Hosting Account or Domain(s) ubiqhost will automatically renew Subscriber’s Hosting Account, for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber’s current method of payment on file. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying hosting plan.

Automatic Renewal of Domain(s): As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s domain, if registered with ubiqhost (or one of its Affiliates), or if transferred to and registered with ubiqhost (or one of its Affiliates), ubiqhost will automatically renew Subscriber’s domain, by charging the applicable fee to Subscriber’s current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of ubiqhost. Subscriber hereby releases ubiqhost from any and all liability for failure for any reason to renew said Account or said Domain(s). The subscriber acknowledges that there may be many reasons why ubiqhost is unable to renew said Account or Domain, including but not limited to inability of ubiqhost, for any reason, to bill said renewal to the Subscriber’s method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. The subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a Domain expires, ubiqhost will hold the expired Domain for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the Domain will be placed in the Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within 74 days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.

Cancellation of Automatic Renewal of Account or Domain:Subscriber agrees to notify ubiqhost of Subscriber’s intent to cancel the automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to ubiqhost, as applicable, by sending same via email or phone. This request must include verification of ownership of the hosting account and/or domain(s), as determined by ubiqhost.

Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, domain privacy, and domain names are nonrefundable.
Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal. There will not be any refund given for the amount already paid.
Notice of Cancellation:Subscriber agrees to direct all cancellation requests to ubiqhost via via email or phone. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by ubiqhost. Subscriber must also confirm to ubiqhost that all emails, files, and databases are preserved and backed up somewhere other than ubiqhost server space.

30 Days Money back policy: We provide 30 days unconditional money back guarantee for our web hosting service.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
” Bank Wire Transfers
” Western Union Payments
” Checks
” Money orders
There are no refunds on domain registration, domain related other services, administrative fees and installation fees.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

COMPLIANCE WITH LOCAL LAWS

ubiqhost makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the federal law of India and the state law of Andhra Pradesh, whichever is applicable, without regard to conflict of laws principles.

TITLES AND HEADINGS,INDEPENDENT COVENANTS,SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement to this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Email Usage Policy

Ubiqhost has a limit of 100 outgoing emails per hour per domain. This limit is applicable to Mailman also. If you break this limit and send emails they will bounce back with an undeliverable error. If this happens, it will take at least an hour before you can start sending emails. We suggest you wait for 1 year when the emails bounce back before sending them again.

For per user connected to an IP address our server has a limit of 30 POP3/IMAP checks. If you exceed this limit, it is more than likely that you will receive a wrong password error message or an error stating “Login incorrect”. Wait for an hour if you receive this error as it will automatically unlock. If the problem persists please make sure to disable auto check or set the limit to a higher value such as once every 10 minutes.

CPU usage Policy

Shared Servers

The maximum limit of CPU usage with Ubiqhost is 15%. If this limit is exceeded, it shouldn’t exceed more than 90 seconds. This limit is highly unlikely for a regular website to exceed although in rare cases a script intensive site will take up more than 15% of the CPU usage.
Tricks to lessen the CPU usage.
• Reduce your number of banners and ads from other sites.
• Avoid using too many scripts, and do not force html to handle server-side code (like PHP and SHTML).
• Avoid using https protocol as much as possible; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Flash, video, audio, and image files are downloaded to the browser. This uses bandwidth only.

Reseller Servers

Reseller servers also have the same limits as our Shared servers, although this limit is per cPanel and not the entire reseller package. If you do have multiple cPanel accounts responsible for server problems then we will suspend the account without any intimation.

Our Quality Policy

As India’s fastest growing hosting company, we have adopted the current industry-standards and exceeded it. With a few additions, tweaking and optimization’s our customers are the happiest at the market place. Along with the continuous monitoring of the hosted websites, we are always improving the service-quality of the competitive web 2.0 standards.

Our quality Policy Perspective

1. 99.99% server up-time
2. 24 x7 Technical support at Customer’s Local Languages
3. 100% assured privacy for customer identity and information
4. Comes with fully developed advanced Free utility software’s such as free control panel, database manager, add-on/park-on domain analysis etc…
5. Full transparency with no hidden charges
6. No unsolicited email: – We don’t spam your in-box

CONTACT INFORMATION

If you have any questions about this Agreement, please contact us at the following address:
ubiqhost Legal Department

Flat No-26, 1st Floor,
Street no 1 , Sindhi Colony, Begumpet,
Hyderabad – 500003, A.P India.

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