Terms of Service
This Terms of Service (TOS), which is also referred to as the “Agreement” or “Terms”, is an agreement between the User/Subscriber/Customer, which includes “you” or “your” and Alobha Technologies Solutions Private Limited (India) as well as Alobha Technologies Solutions Inc. (USA).The Terms of Service includes the general terms and conditions that must be strictly followed by you, as a user, when you use in any way or form, the website, content, features, the services and/ or the products that are provided by Alobha Technologies Solutions Private Limited (“us”, “our”, “we”). Alobha Technologies is a registered trademark.
When you purchase/avail/subscribe to one or multiple products and services that are provided by Alobha Technologies Solutions, it indicates your official consent to be bound by our Terms of Service along with an implicit or explicit declaration of having read entirely and understood thoroughly our TOS. It is an essential requirement for every user of our products and services to have read our Terms of Service prior to purchasing/subscribing to our products and services. Alobha Technologies Solutions reserves the sole right to change partly or entirely our Terms of Service at any time, without prior notice. The latest version of our TOS is always available on our official website and should be referred to by the users of our products and services.
Additional Policies and Agreements
There are certain policies that govern your (user's/subscriber's/customer's) use of our website and our products and services. These policies are incorporated in this Agreement by reference. When you purchase/ avail/ subscribe to any of our products and services, you accept and agree to the terms that are mentioned in the following policies-
i) Acceptable Use Policy
ii) Privacy Policy
The use of certain products and services might have additional terms applied to those products and services. These terms are incorporated in this Agreement by reference, based on wherever these are applicable.
Account Eligibility
By purchasing/ registering for/ subscribing to/ using our products and services, you declare, represent and warrant the following:
i) You are eighteen (18) years of age or older. Our products and services are meant solely for the use of those individuals who are eighteen (18) years of age or older. Any individual who is under eighteen (18) years of age is unauthorized to purchase/ register for/ subscribe to/ access/ use our products and services. If an individual who is under eighteen (18) years of age tries to purchase/ register for/ subscribe to/ access/ use our products and services or succeeds in doing so, this will be considered as a violation of this Agreement.
ii) If you use our services and products on behalf of any other party or more than one party, then you agree to, as well as accept the authority to bind any such party (one or more, as applicable) to this Agreement. Additionally, you accept and agree to act on behalf of any such party/parties in the context of the actions that you take with regard to our products and services.
You are responsible for providing the latest, updated, accurate and complete information on all the forms of registration. This responsibility includes providing an email address that is different from the email created with the help of the domain under which you have signed up. You will be contacted on your primary email address that has been officially provided by you, and which is maintained in our records. You are responsible for ensuring that your account's contact information is complete, accurate and updated at all times. We are not responsible for the consequences that can result from incomplete, and outdated contact information of any of the users of our products and services. If you need to change your contact information, you can contact our customer care service through email or you can raise a ticket through our support system. We have the full authority to terminate your account without any prior notice, if you provide contact information that is false in any way. If you fail to provide any information that is required and requested from you, it might result in you not being able to purchase/ register for/ subscribe to/ access/ use our products and services.
You accept your sole and total responsibility for the use of your account in any and every way, as well as for all the actions that happen through your account. Alobha Technologies Solutions is not at all responsible for your account's usage or for any actions that take place through your account. You, as a user of our products and services, bear the sole responsibility for ensuring the confidentiality of your passwords and your account's security related information.
Company Content
Excluding the user's content, all content that has been made available through our website, products and services, which include but is not limited to text, images designs, graphics, information, audio, video, software and other files along with their selection as well as their arrangement, and every software that is used to provide our products and services are collectively known as the “Company Content”, and are our company's and/or our company's licensor's Proprietary Property.
Company Content cannot be copied, distributed, modified, framed, downloaded, republished, reproduced, posted, displayed, sold, transmitted and/or exploited entirely or partly in any form or by any means for any purpose/ purposes other than those which this Agreement permits. You are not allowed to either directly or indirectly decompile, reverse engineer, disassemble or try to derive any source code or any trade secrets from anything and everything that is included in the Company Content. Use of Company Content in any way, other than that which has been specifically permitted, is strictly prohibited and will result in an automatic termination of your rights with regard to the usage of our products and services as well as any Company Content. All rights with regard to the usage of Company Content, which are not explicitly permitted by us or through this Agreement, are exclusively reserved by the Company and the Company's licensors.
User Content
You may publish, store, upload, display and distribute text, videos, photos, information along with other permitted content for your website through or on our services and products. User content includes any content that has been posted by you, as a user of our products and services or by those individuals that use any of your websites hosted through our services, referred to as “User Websites”. You are solely responsible for each and every User Content along with all the transactions as well as activities that are carried out through or on User Websites. When you post or distribute User Content on or through our products and services, you declare and warrant the following-
i) You have all the necessary rights to post as well as distribute content that qualifies as User Content.
ii) The posting as well as distribution of such User Content does not violate any third party's rights.
You, hereby, explicitly permit the Company royalty-free and non-exclusive worldwide rights and license to the below-mentioned terms, solely for providing our products and services.
i) To use, modify, publish, reproduce, translate, publicly perform and display, excerpt entirely or partially and distribute User Content.
ii) To create User Content's and User Website's archival or back-up copies. In this context, we specify that except for those rights that have been explicitly granted herein, the Company does not have any interest in, and does not hold any right to the User Content, which shall remain solely the property of the respective user.
We do not exercise any control over and do not accept any responsibility for User Content along with the content that is transmitted through our computers or network hubs or points of presence or the Internet. User Content is not monitored by us. However, you acknowledge as well as accept that we are entitled to take every corrective step, which can include but is not limited to the removal of a certain portion/segment or the entire User Content or User Websites and either suspend or terminate any or all of the services, without issuing any refund, if a user of our products and/or services is found to have violated the terms of this Agreement. You agree that the Company will not have any liability for any corrective step/action taken by it.
If any user of our products and services violates in any form or by any means our Terms of Service or uses, stores, uploads, publishes, posts and distributes any material that qualifies as illegal and/or as adult and/or as exploitative and/or as Warez, then we have every right to suspend such an account and remove such objectionable and/or unethical content and we might take legal action against the user of such an account. The products and services provided by us need to be used judiciously and only for lawful purposes. We prohibit the storage, transmission and presentation of any content that violates the existing laws that are in effect.
Hosting of any type of games on our servers is strictly not permitted by us. We reserve the right to terminate immediately any hosting account that is found to contain any gaming related content. Additionally, we are specifying that we only recommend Dedicated or VPS servers for video streaming platforms.
Certain Services; 404 Error Page
If a user of our products and services fails to configure a 404 error page then the Company will configure a default 404 error page, which will appear when an Internet user enters a URL that is related to your domain but doesn't have any file associated with it. By not taking any measure to configure a 404 error page, you automatically agree to and authorize the Company to place a default 404 error page along with its associated content on your site. The 404 error page placed by the Company might have advertisements and other content that is selected solely by the Company. This might include but is not limited to third party websites, service offerings, products, and/or Internet search engines. You have the right to change the 404 error page configuration at any time. The Company has every right to retain as well as collect the revenue that is earned through such advertisements as well as content.
Email Policy And Limits
As per our current Email Policy and the limits specified in it, you are not allowed to indulge in mass mailing, which is strictly forbidden by us. You are expected to use the provided email services judiciously and not misuse the specified limits by treating any of our hosting services (Shared Hosting, Dedicated Hosting, VPS Hosting, Reseller Hosting and Dedicated Servers) as a Mass Mailing Product.
You are strictly prohibited to exhaust or exceed the limit of sending 50 emails in an hour on a regular basis or in every single hour of a day/days. If you are found to be violating this rule by regularly or daily exhausting or exceeding the specified limit of 50 emails/hour, then our system shall consider this as mass mailing and it shall automatically bar you from sending any mail then onward.
Shared And Reseller Plan Mail Limitations
i) 50 Hourly Maximum Outgoing Email Limit- We have a limit of maximum 50 hourly outgoing emails, which is applicable on all Shared and Reseller servers, on a per domain basis. This enables every addon and subdomain to have a limit of 50 outgoing emails per hour. This is applicable to mailing lists. When a user exceeds this limit by sending more than 50 emails in any given hour, the user's emails might bounce back and show an undeliverable error.
ii) If there is an indication that your email got flagged as spam in shared hosting or any hosting plan we would like to inform you that we don't offer professional email services in shared hosting which means we don't guarantee about the emails to be sent in inbox, you can contact us by dropping an email or by raising a ticket or by contacting your Relationship Manager..
VPS Plan And Dedicated Server Mail Limitations
i) Our Dedicated Servers as well as our VPS accounts can receive and send an unlimited number of emails and do not fall under the mail restrictions that have been listed in the section immediately prior to this, that had to do with Shared and Reseller Plan Mail Limitations. However, the emails sent by you should not be unsolicited and/or spam. Moreover, you cannot use our VPS/dedicated servers as mail servers. The emails sent by you should not create any negative impact on the IP that is provided by us. If you carry out any of these activities then we have the right to suspend your account without any prior notice, take appropriate legal action and you will be required to pay a penalty.
ii) For our Dedicated Servers and VPS, we recommend the users to use a double opt-in list or a safelist.
A double opt-in requires the confirmation with regard to all email addresses prior to those being added. This is unlike a single opt-in list in which email addresses are not confirmed and anyone's address can be submitted to the list by anyone. In a double opt-in list a confirmation request is sent to the email address that has been submitted. In response to it, the email address owner must initiate the necessary action to confirm that he/she is the email addres's owner; the address is fully functional and he/she wants to subscribe for sure. Usually the confirmation action involves responding to confirmation request or clicking a link.
A safelist refers to a group of individuals who have agreed to get emails from each other. Membership is required to be in such a group. Additionally, it has rules that specify the frequency of sending emails to the members of the group.
SPAM
i) Spam includes unsolicited commercial emails and unsolicited bulk emails. We strictly prohibit the use of our services and products to transmit spam. We also prohibit the use of the email addresses that are maintained by us. With regard to our services and products, Alobha Technologies Solutions is the sole arbiter regarding what constitutes a violation of our spam policy. If we receive any notification with regard to any alleged violation of our spam policy, then we will investigate the matter and during the entire period of investigation we are authorized to restrict such a user's access to our service in order to prevent further violations.
ii) If the investigation establishes that the user has violated our spam policy, then it will result in severe penalties; which include, depending on our sole discretion, either restriction or suspension or termination of the hosting account that has violated our spam policy. Additionally, any user account that has been restricted/suspended/ terminated for violating our spam policy cannot claim any refund. Alobha Technologies Solutions will be the sole arbiter in this matter.
iii) In the context of violation of our spam policy, if required and deemed necessary by us, especially if the violation counts as a criminal offence, we will notify the law enforcement authority and we have the right to take appropriate legal action. Moreover, if needed, we reserve the right to take the necessary steps in the form of civil solutions with regard to the investigation related costs.
iv) If any user uses our services and products for hosting such websites or for carrying out activities that support spamming and spammers, or their activities result in any of our IP space getting listed in any Spam Database, then such a user's account will be immediately suspended, without any prior notice.
v) A zero-tolerance policy is followed by us when our products and services are used for posting such messages and/or advertisements that violate the rules and regulations of any newsgroup or mailing list. Only those messages (commercial and non-commercial) are permitted that are deemed appropriate as per the rules of newsgroups and mailing lists and/or those that are solicited by the recipients.
vi) Open relays or anonymous remailer service are prohibited on all our services. Open relays refer to mail daemons, which allow unauthenticated emails to be sent to a valid local user.
Backup Policy
i) As per our backup policy, you use our products and services at your sole risk, and you agree to bear the responsibility of maintaining backups of all your User Content on your own to ensure easy access to it when you need it. We do not warrant that we back up any user account or User Content unless a user has purchased our backup service, and until such a backup service is provided by us. You agree to accept the risk of losing partly or entirely your User Content and account related data when you use our products and services, and we bear no responsibility for such a loss.
ii) Our automatic backup service runs daily. We maintain one week of backups at any given time. Our backup policy's terms vary based on the type of hosting account that a user has.
iii) Shared, Dedicated, Reseller Hosting- We run daily and monthly backup cycles for our shared, dedicated and reseller hosting accounts. We provide daily incremental backup cycle, and monthly full backup cycle to the users of our shared, dedicated and reseller hosting plans. The backup includes the total data in your account at the time of the backup.
iv) VPS Backup/ Snapshot- We run weekly backup cycles for the users of our VPS. The last one week's backup is maintained by us at any given point of time and each consecutive run overwrites the previous backups.
v) Dedicated Servers- We do not provide any backup service to the users of our dedicated servers. The users of our dedicated servers should maintain their own backup to prevent data loss.
Uptime
i) Any downtime or service interruption that results from our or our network provider's scheduled maintenance is excluded from our uptime guarantee.
ii) We are not liable in any way for third party service's failure.
iii) We are not liable for any failure or delay in carrying out our obligations when such a failure or delay has been caused by circumstances that are not in our reasonable control. These circumstances can include but are not limited to governmental acts, sabotage, accidents caused by fire, strike and/or any labour related disturbance, insurrection, embargo, war, natural disasters, unavailability of/delay/interruption in transportation as well as telecommunications and third party services, which include DNS propagation, third party software or hardware's failure, inability to source raw materials, power, supplies, equipment that are required for providing our services and products.
Resource's Policy
Permissible CPU Usage
i) 100 Hourly Maximum Outgoing Email Limit- We have a limit of maximum 100 hourly outgoing emails, which is applicable on all Shared and Reseller servers, on a per domain basis. This enables every addon and subdomain to have a limit of 100 outgoing emails per hour. This is applicable to mailing lists. When a user exceeds this limit by sending more than 100 emails in any given hour, the user's emails might bounce back and show an undeliverable error.
ii) If there is an indication that your email got flagged as spam as it exceeded the limit of 100 emails/hour, we suggest you to wait until the next hour begins and then carry on sending emails with the per hour limit in mind. In the unlikely situation where this problem persists, you can contact us by dropping an email or by raising a ticket or by contacting your Relationship Manager.
Disk Usage
i) Our Dedicated Servers as well as our VPS accounts can receive and send an unlimited number of emails and do not fall under the mail restrictions that have been listed in the section immediately prior to this, that had to do with Shared and Reseller Plan Mail Limitations. However, the emails sent by you should not be unsolicited and/or spam. Moreover, you cannot use our VPS/dedicated servers as mail servers. The emails sent by you should not create any negative impact on the IP that is provided by us. If you carry out any of these activities then we have the right to suspend your account without any prior notice, take appropriate legal action and you will be required to pay a penalty.
ii) For our Dedicated Servers and VPS, we recommend the users to use a double opt-in list or a safelist.
A double opt-in requires the confirmation with regard to all email addresses prior to those being added. This is unlike a single opt-in list in which email addresses are not confirmed and anyone's address can be submitted to the list by anyone. In a double opt-in list a confirmation request is sent to the email address that has been submitted. In response to it, the email address owner must initiate the necessary action to confirm that he/she is the email addres's owner, the address is fully functional and he/she wants to subscribe for sure. Usually the confirmation action involves responding to confirmation request or clicking a link.
A safelist refers to a group of individuals who have agreed to get emails from each other. Membership is required to be in such a group. Additionally, it has rules that specify the frequency of sending emails to the members of the group.
Bandwidth Usage
All the users of shared, dedicated and reseller hosting accounts are entitled to use bandwidth based on their individual allocations, as per their respective plans.
When any user consumes 80% of his/her allotted bandwidth then he/she will be notified of the same through an email by us.
At this stage, such a user is recommended to purchase more bandwidth in order to prevent an automatic limitation of his/her resources that results from the user's account continuously exceeding its permissible bandwidth usage limit.
If a user's account persistently exceeds its permissible bandwidth usage limit, and the user doesn't take any measure to address it by either upgrading his/her current plan or by maintaining his/her usage within the permissible limit, then we reserve the right to suspend such an account without any prior notice.
Any user account that has been suspended for continuously exceeding its permissible bandwidth usage limit, shall remain suspended until the user takes appropriate measures, which ensure that the permissible limit wouldn't exceed again or when the account is upgraded, whichever happens earlier.
Such an account will be reactivated in the following month.
For Unmetered/Unlimited Bandwidth- We do not monitor the usage for unmetered/unlimited bandwidth. However, if a user consumes 25% of the his/her allotted bandwidth within a duration of 90 seconds, then we reserve the right to immediately restrict his resource usage, without issuing any notice to him/her. It this reoccurs, then such a user will initially receive notifications from us about it through emails. If no corrective measure is taken by the user even after receiving emails from us, then we will suspend his/her account without issuing any further notice.
IP Usage
Our IP should not get blacklisted or have any malicious impact due to any of your activities that are carried out through our products and services. If this happens, then we are not responsible for it and you will bear the sole responsibility for it. Additionally, we will suspend such accounts, report them to the respective authorities, and take legal action against them if we deem it necessary. We have the right to penalize such accounts.
Physical Memory (RAM)
The maximum RAM that can be utilized by the users of shared, dedicated and reseller hosting depends on their respective allocations based on their plans, at any given time. In case a user's usage exceeds the limit based on his/her plan then that user's resource usage will get restricted automatically. When that happens, the user is notified of the same through an email.
If any user repeatedly continues to exceed the permissible RAM usage, based on his/her hosting plan for shared, dedicated or reseller hosting, then we have the right to ask him/her to upgrade his/her plan to a plan that best meets his/her growing business needs or to limit his usage and ensure that it doesn't exceed the permissible limit based on his/her current plan.
IO
As a user of our shared, dedicated or reseller hosting service you are entitled to a certain maximum IO usage based on your hosting plan, at any given time. IO limits restrict the data throughput for the customer. When the limit is reached, the processes are throttled (put to sleep). This makes sure that processes within Cage cannot go over the limit yet don't stop working, nor getting killed they just work slower when the limit is reached.
- If any user repeatedly continues to exceed the permissible IO usage, based on his/her hosting plan for shared, dedicated or reseller hosting, then we have the right to ask him/her to upgrade his/her plan to a plan that best meets his/her growing business needs or to limit his usage and ensure that it doesn't exceed the permissible limit based on his/her current plan.
IOPS
IOPS limits are meant to restrict the total number of read/write operations per second. When the limit is reached the read/write operations stop until the current second expires.
If any user repeatedly continues to exceed the permissible IOPS usage, based on his/her hosting plan for shared, dedicated or reseller hosting, then we have the right to ask him/her to upgrade his/her plan to a plan that best meets his/her growing business needs or to limit his usage and ensure that it doesn't exceed the permissible limit based on his/her current plan.
Concurrent Connections (Concurrent Sessions, Entry Process, EP)
As a user of our shared, dedicated or reseller hosting service, you are entitled to a certain number of concurrent sessions based on your individual hosting plan, at any given time. Entry processes limit controls the number of entries into Cage. Each time a process 'enters' into Cage, we increment the counter. Each time process exits the Cage, we decrement the counter.
If any user repeatedly continues to exceed his/her permissible concurrent connections' usage, based on his/her hosting plan for shared, dedicated or reseller hosting, then we have the right to ask him/her to upgrade his/her plan to a plan that best meets his/her growing business needs or to limit his usage and ensure that it doesn't exceed the permissible limit based on his/her current plan.
NPROC
As a user of our shared, dedicated or reseller hosting plan, you are entitled to a certain number of processes based on your individual plan, at any given time. NPROC controls the total number of processes and threads within Cage. Once the limit is reached, no new process can be created (until another one dies). When that happens NPROC counter is incremented.
If any user repeatedly continues to exceed his/her permissible NPROC usage, based on his/her hosting plan for shared, dedicated or reseller hosting, then we have the right to ask him/her to upgrade his/her plan to a plan that best meets his/her growing business needs or to limit his usage and ensure that it doesn't exceed the permissible limit based on his/her current plan.
INODE
As a user of our shared, dedicated or reseller hosting service, you won't experience any limits on INODES, as of now. 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. INODES limits work on the level of disk quota.
The users of our shared hosting service should use INODES judiciously. INODES should not be used for additional storage. If any user of our shared hosting service consumes more than 20% of his/her complete usage limit, then we will initially notify him/her through email. If such a user doesn't restrict his/her usage based on his/her hosting plan then we have the right to suspend his/her account.
Price Change
i) We reserve the right to modify the prices as well as any amount related to our products and services, at any given time, without any prior notice. This change is applicable to the existing users as well as to the new users of any of our products and services. Our existing customers will be notified of any price change through emails.
ii) It's the user's responsibility to review pricing related and billing related information on our official website, from time to time, in order to remain updated. We do not bear any responsibility if any user fails to keep himself/herself updated with regard to the change in prices or any other amount related to our products and services.
iii) When the existing users of our shared, dedicated and reseller hosting services renew or change their hosting plans, their plans will be renewed at the updated prices, which will be in effect at that time, and which will be visible on our official website.
iv) We do not warrant that the renewal plans for any of our products or services can be availed at the original price. The prices of all our existing products and services are subject to change at any time, without any prior notification.
Third-Party Beneficiaries
i) Except as explicitly given elsewhere in this Agreement, if at all; nothing in this Agreement is intended, nor will anything in this Agreement be construed as granting any right on any person/entity, other than the Parties hereunder and their respective successors as well as approved assignments.
ii) Notwithstanding the above, the user of our services and products recognizes and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set out in this Agreement, and has the right to explicitly implement the terms and conditions.
iii) When you purchase/subscribe to, from us, a third-party product or service, you agree to this Agreement along with the terms and conditions of the third-party product or service that are included in this Agreement.
Account Security And Company Systems
i) As a user of our products and services, you are solely responsible for any misuse of your account. Hence, you must take adequate measures to ensure that no one gains unauthorized access to your account. Additionally, you should not use your account to breach another account's security or try to gain unauthorized access to any other server or network.
ii) It is your sole responsibility to keep your passwords safe, as your password enables access to your account. We shall not be held responsible for any untoward incident that occurs due to your failure/inability with regard to keeping your passwords secure. We are entitled to take appropriate action if your failure/inability to maintain your password's security impacts negatively or causes any harm to our company/ company's reputation/services/products in any way.
iii) We strictly recommend the users of our products and services to not share their passwords and account access with unauthorized users. We do not bear any responsibility for any problem/harm that results from any user's action with regard to allowing unauthorized use of his/her account. Such a user will bear the sole responsibility for it. We might take appropriate action if it causes us or the other users of our products and services any harm.
iv) We strictly prohibit any user of our products and services from attempting to obtain another user's account's passwords. If any user is found guilty of doing so, then his/her service will be terminated immediately. No exceptions shall be made to this rule.
v) It is the user's sole responsibility to implement adequate security measures, which prevent or minimize the use of his/her account in any unauthorized way.
vi) The users of our products and services should not try to circumvent user authentication or security of any network, account or host. This includes but is not limited to accessing such data that is not intended for the user, logging in to and/or using any account or server that the user is not authorized to access and/or use, as well as probing other networks' security. We strictly prohibit the use and distribution of tools that are designed for the purpose of compromising security, such as but not limited to, cracking tools, network probing tools, password guessing programs, etc. We will take appropriate action, depending on our sole discretion, if any user is found guilty of carrying out such activities.
vii) As a user of our products and services, you should not interfere in the service received by any other user, host or network (Denial of service Attacks). This includes but is not limited to deliberate attempts to overload a service, flooding of networks, attempts to “crash” a host. Any user who violates systems or network security in any way or form is subject to incurring criminal or civil liability, whichever is applicable, and his/her account will be immediately suspended by us. We are not responsible for such activities of our service users, and the users bear the sole responsibility for their actions. We will fully cooperate in the investigations with regard to violations of systems or network security at other sites and we will cooperate with law enforcement authorities in the investigation of suspected criminal violations.
viii) It is the duty of the users of our products and services to ensure that any program/script that is installed under their hosting account is secure as well as all the directories' permissions are set properly, regardless of the method involved in the installation. Wherever it is possible, we recommend, that users set permissions on most directories to 755 or keep it as restrictive as possible. The users of our products and services bear the sole responsibility for any action that is carried out through their accounts, which includes any compromise related to credentials such as usernames and passwords. Every user is required to use a secure password. The account of any user who uses a weak password might be suspended until he/she agrees to use a more secure password. Audits might be carried out to prevent the usage of weak passwords. If an audit is carried out and your password is found to be weak, then we will notify you about it. Post that, we will allow you a certain period of time, that will be specified to you, for changing and updating your password in order for it to qualify as a sufficiently secure password. If you fail to take the appropriate action in the specified time period, then we will suspend your account.
ix) Our services, which include all related equipment, network devices, and networks are provided by us solely for authorized customer use. We might monitor our systems, without any limitation, to ensure authorized use, facilitate protection against any form of unauthorized access, and for verifying security procedures, operational security and survivability. While carrying out monitoring, information might be examined, scanned, copied, recorded as well as used for purposes that are authorized. When you purchase/ subscribe to our products and services, you agree to such monitoring by us for the above-mentioned purposes.
x) Any user account that is found to have connection with a third-party system or network, without that third party's authorization, is subject to suspension. Any access to systems or networks, which is outside of your direct control, shall require the third party's express written consent. We might, at our sole discretion, request for relevant documentation, which proves that your access to a third-party system or network is authorized.
xi) We have the right to disable and/or terminate any user account that is found to be compromised. We reserve the right to keep such an account disabled on which corrective measures, as necessary, have not been implemented by the user, after being notified by us of an ongoing issue. We might take the necessary corrective measures on your behalf, only if you formally request us to do so. We will charge an additional fee for carrying out such a service.
xii) We reserve the right to migrate, without any prior notice, any user's account from one data center to another, when it is required for complying with the applicable data center policies, law or for technical or other reasons.
Third-Party Beneficiaries
i) With regard to the term “Unlimited”, it includes the numbers of databases and emails that a user of our shared, dedicated or reseller hosting service can create, along with the number of websites that he/she can host. The data pertaining to these (databases, emails, websites) need to be within the storage capacity that is assigned to every client of shared, dedicated or reseller hosting based on his/her hosting plan.
ii) Notwithstanding the above, the user of our services and products recognizes and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set out in this Agreement, and has the right to explicitly implement the terms and conditions. As a shared hosting user, you are requested to respect the shared hosting environment and use “unlimited/ no limit” resources judiciously. The judicious use of these resources by our clients is required in order to prevent disparity, and any unfair use of shared resources that can cause inconvenience to the clients of plans where resources are shared. If a user's growing business requirements put a strain on our “unlimited/ no limit” resources, and adversely impact the other users of the shared hosting environment, then we have the right to limit such a user's resources, and we would recommend such a user to upgrade to a higher plan that best suits his/her growing business needs.
iii) If any client with “unlimited/ no limit” access to resources, exceeds his/her resource usage as per his/her plan, then he/she will experience automatic limitation on his/her resources, which might cause his/her website to slow down. This is an automated corrective measure that redresses the strain caused on the shared resources. This Term of Service applies to all our clients who have availed our services. In the event that they exceed the limit as per their plans, their websites might slow down. Alobha Technologies Solutions shall not be held responsible in such a situation as the client is solely responsible for his/her resource usage. If a client's website is constantly exceeding its limit with regard to resource usage, then we recommend him/her to upgrade to a higher plan that will best suit his/her requirements.
Domain
Domain Renewal
With regard to the term “Unlimited”, it includes the numbers of databases and emails that a user of our shared, dedicated or reseller hosting service can create, along with the number of websites that he/she can host. The data pertaining to these (databases, emails, websites) need to be within the storage capacity that is assigned to every client of shared, dedicated or reseller hosting based on his/her hosting plan.i) The minimum duration for domain purchase has to be 1 year. The prices for it are dynamic, and can change at any time in a day. The user of our service is responsible for keeping himself/herself updated with regard to the latest price for purchasing a domain by visiting our official website.
Domain Renewal- All our existing users will be notified 30 days prior to the date of renewal of their service, regarding the same. If a user doesn't renew his service within these 30 days' period, then his service will expire. We don't automatically renew the subscription. In such a situation where a user's subscription has expired, we do not warrant the availability of the same domain name, if the user requires it later. We shall not be held responsible for the unavailability of the domain name after the expiration of the user's subscription.
Domain Registration
Refund will not be applicable once a domain has been registered.
Domain Infringement
No user is allowed to register a domain name, which bears any similarity to either a trademarked domain or to a domain that is similar to a brand, and is involved in a business which provides similar services or goods. If any individual tries to register such a domain name, he/she will be held liable for infringement of Trademark.
Domain Transfer
i) Domain transfer can be initiated only after the completion of a minimum duration of 6 months of our service.
ii) A user can request to transfer his/her domain by writing an email to us or by raising a ticket for the same.
iii) We will start the process within 7 business days after officially receiving the user's request for domain transfer.
As a user of our services, you acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, “Cancellation”).
It is the user's responsibility to verify, prior to registration, whether any domain is infringing the rights of any other individual/entity. If the domain name that has been registered by a user is found to be infringing on any other individual's or entity's rights, as per the Company's discretion, then the Company reserves the right to immediately cancel such a user's registration.
vi) If a user is in wilful violation of our agreement, then such a user will not be entitled to any refund.
VPS
i) We provide both, Managed VPS and Self-managed VPS.
ii) Our VPS' prices can change at any time. The users are requested to refer to our official website to check the updated price list.
iii) Every user is entitled to a specific number of vCPU, based on the user's plan. This specific number of vCPU is dedicatedly assigned to every user in a shared server.
iv) The RAM provided in every VPS plan can be upgraded. The price for availing increased RAM is currently Rs.15/GB/month. This price is subject to change. A user needs to refer to our official website to know the accurate price, at any given time.
v) The SSD provided in every VPS plan can be upgraded. The price for availing increased SSD is currently Rs.10/GB/month. This price is subject to change. A user needs to refer to our official website to know the accurate price, at any given time.
The Services That We Provide In Our Managed VPS Are-
We, as the hosting service provider, take care of the server maintenance.
We take care of the technical intricacies by delivering full technical support. Hence, the users don't have to be bothered about it.
The Services That We Provide In Our Self-Managed VPS Are-
The user is responsible for the maintenance of his/her server. We, as the hosting provider, are not responsible for the server maintenance of any user of this service.
We provide very limited technical support as the VPS is self-managed by the user.
Change in Terms of Service
i) We have the exclusive right to modify this Terms of Service, at any time, with immediate effect, and without any prior notice. We might modify partly our Terms of Service from time to time, or change it entirely, depending on our requirements.
ii) Wherever any change in Terms of Service is required by law or is related to the addition of a new product or service, extra functionality to the existing products and services, or any other change that neither reduces the scope of your rights nor increases your responsibilities; the Terms of Service will be changed without issuing any prior notice to you, and will have immediate effect.
iii) No clarification or explanation of the Terms provided by the Parties will have any power to modify the provisions of these Terms of Service.
iv) The users of our services and products are encouraged to regularly check our official Web page related to Terms of Service, to keep themselves updated of any change to these terms. We shall not be held responsible for any consequence that results from the failure of the users to keep themselves updated about the latest version of our Terms of Service.
