GENERAL TERMS AND POLICIES:
The Service is provided to authorized persons or organizations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and May not thereafter use or attempt to use the Service.
Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Prices and Charges – Host Cell provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
Backups – Host Cell carry’s out 4 backups per day, these backups are strictly for our own use in-case of a server failure. However you can also login to the backup server to restore files. This is not meant as a replacement for keeping your own backups and we are not responsible for loss of data.
Please use our services responsibly. By using our website or any of our services, you agree to Our Terms. Take note that these Terms change from time to time. If you have used our services before, you cannot assume that the Terms are still the same. You should review them on a regular basis.
ACCOUNT, PASSWORDS AND SECURITY:
In order to provide our services, we may require certain information. You must ensure that the information is complete and accurate. We may suspend or terminate any service if you give information that is not complete and accurate. You warrant that all information you provide to us is complete and accurate and you indemnify Host Cell against any liability that may arise as a result of your failure to provide complete and accurate information. You must immediately notify us if any of your information changes.
- must keep your username, customer ID and password confidential;
- must not circumvent, or attempt to circumvent, Our user authentication systems;
- must tell Us immediately if there is any unauthorized use of Your account or any other breach of security;
- are entirely responsible for all payments and any activities that occur on Your account;
TERMS OF SERVICES (TOS) AND ACCEPTABLE USE POLICY (AUP) FOR VPS HOSTING:
Illegal Use: Host Cell VPS server may not be used for illegal purposes, or in support of illegal activities. Host Cell reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Usenet Spamming: Host Cell has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are acceptable under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Bulk Email on VPS: Use of Host Cell VPS services for the origination, relay, or support of bulk email is prohibited. Customers are permitted to send transactional emails and use the service for individual email accounts, but the service may not be used for sending commercial email, even if the customer has opted in to such emails. Sending marketing email in any sort of automated fashion is specifically prohibited.
Host Cell has a zero-tolerance policy on Email abuse on our vps hosting and any abuse what server will result in immediate termination without refund. Please make sure that you do not have to plan our vps hosting service for email marketing purpose and please secure your VPS adequately.
Pornographic Material: Adult content is allowed, contingent upon compliance with all U.S. regulations, as well as the regulations of the location of the customer’s residency. What sexual content is acceptable on our servers will remain at the sole discretion of Host Cell, and no other parties.
Internet Relay Chat: IRC is allowed on Host Cell’s network. If you are planning running an IRC server, please notify our staff at signup as these machines require special attention. As with any of our servers, illegal activity is not permitted on IRC, and Host Cell will reserve the right to terminate accounts without refund if it appears such activity is being conducted. Host Cell reserves the right to determine if or if not there is illegal activity being conducted in such an instance.
TERMS OF SERVICES (TOS) AND ACCEPTABLE USE POLICY (AUP) FOR SHARED AND RESELLER HOSTING:
Prohibited Uses: Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
Using a shared account as a backup/storage device is Prohibited.
- IRC Scripts/Bots or IRCD (irc servers)
- Proxy Scripts/Anonymizers
- Image Hosting Scripts (similar to Photo bucket or Tiny pic)
- Auto Surf/PTC/PTS/PPC sites
- Brute force Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapid share)
- Commercial Audio Streaming (more than one or two streams)
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Bulk Email or Spam: We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
In case AUP Violations for Reseller: If there is a violation of this AUP by one of a reseller’s client’s account, Host Cell will suspend the website in question and will notify the reseller so that the reseller can terminate the account. Host Cell may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.
A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
Resource Usage: User may not:
Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
Run cron entries with intervals of less than 15 minutes
Backup Limit: We will take weekly backup for your account. Any shared account using more than 5 GB of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
Transfers: Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact us or open a support ticket to receive a price quote. In no event shall Host Cell be held liable for any lost or missing data or files resulting from a transfer to or from Host Cell. You are solely responsible for backing up your data in all circumstances.
Host Cell reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
TERMS OF SERVICES (TOS) AND ACCEPTABLE USE POLICY (AUP) FOR WEB DEVELOPING SERVICE:
- We do not allow any illegal or porn site.
- Free Support is nor applicable for hacking or cracking. Restore charge applicable.
- Free Support is nor applicable for redesign the website. Redesign charge applicable.
- Free Support is nor applicable for any harm of your website for your fault. Service charge applicable.
- Please keep your website backup regularly. You are not responsible for your backup.
- If you want we keep your backup every month. Backup service charge applicable.
- We are not responsible for down of your domain or hosting. For this types of situation, please contact your domain or hosting provider.
Shared and Reseller Hosting: If you are unhappy with any aspect of our service, please contact our billing department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 days. There are no refunds past the 30 day period.
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.
VPS Hosting: No refunds are provided for VPS Hosting under any circumstances.
SSL certificate: If you change your mind or are not happy with your SSL certificate we will make a full refund if you contact us within 14 days of purchase. Payments are refunded for any reason, it may be that you do not want it, want to change or whatever, it doesn’t matter, refunds are always given. There are no refunds past the 14 day period. 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.
Dedicated servers: No refunds are provided for dedicated servers under any circumstances.
Top Level Domain: Refunds are not available for .COM, .NET, .ORG or any other domain names, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Host Cell through other companies.
Violation of TOS (no refund): No refunds will be made if we suspend or terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
Web Design Services and SEO Services: No refunds are provided for Web Design services and SEO services under any circumstances.
Other Services that not applicable for refund: Credit on your account cannot be refunded and must be used for purchases and renewals. Setup fees are non-refundable. Payment gateway fees such as Bkash fees (2% Bkash charge and for case of send money Tk5) are non-refundable.
It is important to understand that a refund can only be requested by the owner of the account, using the same email address that you purchased it with.
Payments can be refunded to Paypal, a bank account or to your account balance in our system so that you can use it to purchase other products in the future. You have to open a support ticket under billing department to submit a refund request. Refund will be made within 7 days from refund request submission.
Please note that Host Cell reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Please note that, you must have to cancel your service before submit refund request. Go to Services>My Services. Select or click to open the service that you want to cancel. From left hand side “Action” Tab click “Request Cancellation” button to cancel the service.
UP TIME GUARANTEE SLA:
If your shared / reseller server has a physical downtime that is not within the 99.9% up time you may receive 10% credit of your package on your account.
Approval of the credit is at the discretion of Host Cell dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller and VPS server. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Uptime under 99% = 10% refund
Uptime under 95% = 20% refund
Uptime under 90% = 40% refund
Uptime under 85% = 100% refund / one free month
Shared & Reseller Account Payment Policy: Payments are due every month (for monthly purchase) or every year (for yearly purchase) on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date the account may be suspended.
If the account is not paid 7 days following the due date a late fee of 10% will be added to the invoice. This fee must be paid prior to activation of the late account.
For the late account, user can’t request for the backup. To get backup user must have to be paid their invoice and activated their account.
If the payment is not received within 15 days of due date the resellers account and end-user’s accounts will be terminated. Once the customer’s service is cancelled any data on the server will not be recoverable. Host Cell is not liable for any lost data due to non-payment.
VPS Account Payment Policy: Payments are due every month on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date the account may be suspended. Host Cell will terminate the customer’s service if the invoice is 3 days overdue. Once the customer’s service is cancelled any data on the server will not be recoverable. Host Cell is not liable for any lost data due to non-payment.
Dedicated Server Account Payment Policy: Payments are due every month on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date Host Cell will terminate the customer’s service. Once the customer’s service is cancelled any data on the server will not be recoverable. Host Cell is not liable for any lost data due to non-payment.
These Terms of Services are an essential part of your relationship with Host Cell. You need to agree to all of the Terms and Policies set out in this document. Thanks for stay with Host Cell.