The use of the Services is also governed by the following policies, which form part of this Agreement. By using the Services, you are also agreeing to the terms of the following policies:
Acceptable Use Policy
Additional terms may apply to certain Services you purchase or receive through HostingTub Webhosting including services provided by a third party. Such additional or third party services may be subject to additional terms that may be separately provided to you.
Account Eligibility, Ownership and Services Purchased
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
We treat the individual or entity named in our records as the primary billing contact as the owner of the account. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to HostingTub Webhosting, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
You acknowledge and accept that despite the security measures HostingTub Webhosting takes in connection with the Services, HostingTub Webhosting’s system and/or your websites may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, HostingTub Webhosting may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that HostingTub Webhosting shall have no liability to you for any damage or loss that you may incur due to such corrective action.
You further acknowledge and agree that you are solely responsible for backing-up all Customer Content .
The Services offered by HostingTub Webhosting are hosted on servers located in India unless otherwise expressly provided. By using the Services, you freely and specifically give HostingTub Webhosting your consent to export your information and data to India or any datacenters we offer through website, regardless of where your Services or domains are hosted. You understand that data stored in the India may be subject to lawful requests by the courts or law enforcement authorities in the India.
Any features and details of the Services may be described on the web pages setting out the particular Services you have purchased. HostingTub Webhosting may modify, change or discontinue any aspect of the Services at any time.
Certain Services are provided by third parties and may be subject to such third parties’ terms and conditions.
Term of the Services
The initial term of the Services you purchase shall be for the 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, the Services will automatically renew for periods of equal length as the Initial Term (each a “Renewal Term”) unless otherwise provided. The Initial Term and all Renewal Terms, if any, shall be collectively referred to as the “Term.”
Payments and Billing
Unless otherwise provided, HostingTub Webhosting will automatically bill your payment method on file as follows: (i) up to fifteen (30) days prior to the end of your then current Term for all Services on a one (1) year plan or longer; (ii) up to five (5) days prior to the end of your then current Term for plans of less than one (1) year. You expressly acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file for each Renewal Term, unless you terminate or cancel the Services prior to such charge as provided in this section. All fees may be billed in United States Dollars (“USD”) or Indian Rupees (“INR”) and are subject to change with prior notice to you or published in our website. We will provide you with at least thirty (30) days’ notice of your renewal pricing before charging you on any annual or longer term plans.
HostingTub Webhosting is only able to automatically collect payment from customers with credit cards stored on file or active PayPal agreements. All other payment methods (e.g. one- time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their due date.
As a customer of HostingTub Webhosting, it is your responsibility to ensure that all billing information on file with HostingTub Webhosting is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. HostingTub Webhosting screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. HostingTub Webhosting has no liability for not providing Services, including third party services, if your account fails the fraud screen.
Any account not paid in full by the end of the Term will be given ONE day grace period. If payment is not made within the ONE day grace period, HostingTub Webhosting reserves the right to suspend your Services or charge you late payment fees (Penalty fees). HostingTub Webhosting reserves the right to terminate Services fourteen (14) days following suspension of Services for non-payment.
HostingTub Webhosting is not responsible for any damages or losses (including of any data) as a result of suspension or termination for non-payment of your account. In addition, HostingTub Webhosting reserves the right to refuse to re-activate your Services until any and all outstanding invoices have been paid in full unless or until it is any add-on service such as domain name, backup service or nay etc..
Refund Policy and Billing Disputes
HostingTub Webhosting provides 30 (Thirty Days) days money back guarantee on shared web hosting and reseller packages. ZERO for VPS hosting (the “Money-back Guarantee Refund”). To request a Money-back Guarantee Refund, please visit https://hostingtub.com to create a support ticket to our billing department or contact HostingTub Webhosting using LiveChat(the “Refund Request”) within sixty (60) days of your termination or cancellation of the account (the “Notice Period”). Money-back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period. Money-back Guarantee Refunds only apply to hosting services.
Fees paid by you in connection with the purchase of add-on services, including without limitation, secure socket layer (SSL) certificates, custom packages, domain transfers, domain renewals, dedicated IP addresses, or software licenses are non-refundable under this Agreement, as are payments made by check ten dollars ($10.00) or less due to processing fees, unless otherwise expressly provided. There are no refunds on dedicated servers and Virtual Private Servers. The Money Back Guarantee does not apply to dedicated servers and VPS: Virtual Private Servers.
Only first-time shared hosting accounts are eligible for the Money Back Guarantee Refund. For example, if you previously had or still have an account with HostingTub Webhosting and you canceled and signed up again for a new account, you will not be eligible for a refund. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement. The following methods of payment are not refundable under any circumstances: bank wire transfers, Western Union payments, checks, and money orders. If you pay with any of these methods, you will receive a credit to your account for current or future Services.
Refunds will be issued only to the payment method used for the initial purchase.
HostingTub Webhosting will not process new orders or provide additional Services to customers who have an outstanding balance with HostingTub Webhosting.
Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed primarily in U.S. dollars or any offered through our billing system, and will reflect the exchange rate in effect on the date of the refund. HostingTub Webhosting is not responsible for any change in exchange rates between the time of payment and the time of refund.
If you believe there is an error in HostingTub Webhosting’s billing, you must contact HostingTub Webhosting using LiveChat, within thirty (30) days of the date you are billed or charged. HostingTub Webhosting’s obligation to consider your claim is contingent on you providing HostingTub Webhosting with sufficient facts to investigate your claim. If HostingTub Webhosting determines that your claim is valid, HostingTub Webhosting agrees to credit your account on your next billing date. You waive your right to dispute any charges or fees if you fail to notify HostingTub Webhosting in writing within thirty (30) days.
Chargebacks, Reversals, and Retrievals
If you have a billing issue, please contact HostingTub Webhosting to address and resolve the issue. If HostingTub Webhosting receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.
Termination of Services
You may terminate the Services by submitting a cancellation request in writing by logging into HostingTub Webhosting’s account center located at https://hostingtub.com/myorders/. In the event that you are unable to log in to your account with HostingTub Webhosting, please contact our billing department via LiveChat and we will assist you.
Cancellations must be requested via the form indicated above at least forty-eight (48) hours prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next billing term and are responsible for payment as set forth above.
HostingTub Webhosting may terminate this Agreement at any time without notice. Should HostingTub Webhosting terminate this Agreement for any reason other than a breach of this Agreement, including any violation of the Acceptable Use Policy, all prepaid fees will be refunded.
Refusal of Service
HostingTub Webhosting reserves the right to refuse Services to anyone at any time. Any material that, in HostingTub Webhosting’s judgment, is obscene, threatening, illegal, or violates this Agreement in any manner may be removed from HostingTub Webhosting’s servers (or otherwise disabled), with or without notice.
Any manner of communication with HostingTub Webhosting’s staff that is belligerent, vulgar (curse words), highly rude, threatening, or abusive, as determined in HostingTub Webhosting’s sole discretion, may result in suspension or termination of your account without any refund.
You are required to utilize server resources in a responsible manner. Server CPU, Memory and Disk space are resources shared by all HostingTub Webhosting customers. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers.
HostingTub Webhosting reserves the right to suspend or terminate Services on any account that, in its sole discretion, is abusing server resources or is in violation of HostingTub Webhosting’s Acceptable Use Policy. Such suspension or termination can occur at any time without prior notice.
Shared & Reseller hosting space may only be used for web files, active email and Customer Content (as defined below). Shared & Reseller hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email, or FTP hosts. HostingTub Webhosting expressly reserves the right to review every shared account for excessive usage that may be caused by a violation of this Agreement.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
If you are allocated a monthly bandwidth allowance and your account exceeds the allocated amount, HostingTub Webhosting may: (i) suspend your account until the start of the next allocation; or (ii) suspend the account until more bandwidth is purchased for an additional fee.
Unused bandwidth in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts.
HostingTub Webhosting allows you to upload, publish, display and distribute information, text, photos, videos and other content on or through the Services (referred to as “Customer Content”). Customer Content includes any content posted by you and users of any of your websites created or hosted through the Services. You are solely responsible for any and all Customer Content and any transactions or other activities conducted on or through your websites. By posting or distributing Customer Content on or through the Services, you represent and warrant to HostingTub Webhosting that (a) you have all necessary rights to post or distribute such Customer Content, and (b) your posting or distribution of such Customer Content does not infringe or violate the rights of any third party.
You acknowledge and agree that HostingTub Webhosting may, but is not obligated to, monitor Customer Content for any violations of this Agreement and may immediately take any corrective action in HostingTub Webhosting’s sole discretion, including without limitation, removal of all or a portion of the Customer Content, and terminating any and all Services without a refund of any pre-paid fees. You hereby agree that HostingTub Webhosting shall have no liability due to any corrective action that HostingTub Webhosting may take, including without limitation, suspension or termination of the Services.
HostingTub Webhosting grants you a non-exclusive, non-transferable, worldwide, license to use technology provided by HostingTub Webhosting solely to access and use the Services during the Term. Except for the rights explicitly granted herein, this license does not grant any additional rights to you. All right, title and interest in HostingTub Webhosting’s technology shall remain with HostingTub Webhosting, or its licensors. You are not permitted to circumvent any devices designed to protect HostingTub Webhosting, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
Solely for the purpose of providing the Services, you grant HostingTub Webhosting, or any third parties used by HostingTub Webhosting to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your end users, including without limitation Customer Content. This license terminates on the expiration or termination of the Term, unless earlier terminated as provided herein. All right, title and interest in your technology shall remain with you, or your licensors.
HostingTub Webhosting reserves the right to modify, change or discontinue any aspect of the Services at any time. However, HostingTub Webhosting will provide you with advance notice of any material changes to the Services so you have an opportunity to cancel if you do not agree with any such changes. HostingTub Webhosting is not responsible for any damages or loss of data resulting from such action.
HostingTub Webhosting guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month (the “Uptime Guarantee”). This guarantee does not apply to unmanaged virtual private servers (“VPS”) or unmanaged dedicated server plans. If HostingTub Webhosting fails to meet its uptime guarantee, you will be issued a credit equivalent to one (1) month of Services. The first forty five (45) minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of Services. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of HostingTub Webhosting and may be dependent upon the justification provided. To request a credit, please visit https://hostingtub.com/ to create a support ticket to our billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit.
Credits are only available for future Services and cannot be issued as refunds.
The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attacks, hardware failure, third-party software failure, Customer maxing its resource container, issues resulting from errors or omissions by the Customer, issues relating to the Customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. All credits are issued at the discretion of HostingTub Webhosting, based on its investigation of any issue that is covered by this section.
If HostingTub Webhosting provides an Uptime Guarantee for a particular Service, a credit shall be your sole and exclusive remedy for defects in, or issues with, such Service.
HostingTub Webhosting provides support via LiveChat and tickets for the purpose of assisting with basic questions regarding the Services.
Resellers are responsible for supporting their own customers. HostingTub Webhosting does not provide support to its resellers’ customers. If a reseller’s customer contacts HostingTub Webhosting, HostingTub Webhosting will direct the customer to the reseller. All support requests must be made by the reseller on its customer’s behalf. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their customers. HostingTub Webhosting will hold a reseller responsible for any of its customers’ actions that violate the law, the terms of this Agreement, or the Acceptable Use Policy.
Your use of the Services is at your own risk. HostingTub Webhosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred through your account and to maintain all backup of Customer Content stored on HostingTub Webhosting’s servers including without limitation your website files.
IP Address Allocation
Any dedicated IP order, in addition to what is provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with the policies of American Registry for Internet Numbers (“ARIN”) or other applicable registry. HostingTub Webhosting reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Compliance with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the India or the country in which you reside. The Services are controlled and operated by us from our offices within the India (although we may share data with third parties around the world to assist us in providing the Services as further described in our Website) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
Additional Customer Obligations
You will cooperate fully with HostingTub Webhosting in connection with HostingTub Webhosting’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for HostingTub Webhosting’s performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all Customer Content and websites are compatible with the hardware and software used by HostingTub Webhosting to provide the Services, which hardware and software may be changed by HostingTub Webhosting from time to time in its sole discretion.
You will be solely responsible for backing-up all Customer Content, including any of your websites off of HostingTub Webhosting’s servers. This is an affirmative duty. HostingTub Webhosting is not responsible for the loss of any Customer Content. Note: It is essential that Customers backup files offline.
You will use your best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
You will not use the Services in any manner, as determined by HostingTub Webhosting in its sole discretion, that:
Engages in or promotes illegal activity;
Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
Infringes the intellectual property rights or other proprietary rights of any third party;
Violates the privacy rights or publicity rights of any third party;
Interferes with the operation of the Services; or
Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. HostingTub Webhosting disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all interruptions to the Services caused by HostingTub Webhosting or our employees. You further acknowledge and agree that HostingTub Webhosting exercises no control over, and accepts no responsibility for, the content of the information passing through HostingTub Webhosting’s host computers, network hubs and points of presence or the Internet.
Limitation of Liability
IN NO EVENT WILL HOSTINGTUB WEBHOSTING OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY CUSTOMER CONTENT, CUSTOMER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTINGTUB WEBHOSTING IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTINGTUB WEBHOSTING’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTINGTUB WEBHOSTING FOR THE SERVICES IN THE ONE (1) MONTH PRIOR TO THE INITIAL ACTION GIVING RISE TO SUCH LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless HostingTub Webhosting, its affiliates, and their respective officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the remaining provisions shall nevertheless remain in full force and effect.
HostingTub Webhosting may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of HostingTub Webhosting. Any attempted assignment in violation of this section shall be null and void and of no force or effect whatsoever. This Agreement shall bind and inure to the benefit of the parties respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
HostingTub Webhosting reserves its right to take all legal steps available to enforce this Agreement. HostingTub Webhosting’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of HostingTub Webhosting’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with HostingTub Webhosting shall be effective unless expressly stated in writing and signed by both parties.
This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.