CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION
DeepraHost. (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer") HAVE entered into a Customer Master Agreement effective from the date of registration which this "Customer Hosting Product Agreement Extension" is a part.
WHEREAS Parent provides Web, Shared Hosting, VPS Hosting and Dedicated Hosting Services;
WHEREAS the Customer wishes to place an Order for Web, Shared Hosting, VPS Hosting and/or Dedicated Hosting Services ("Hosting Order") through the Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. Rights of Parent
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or in case of any breach or violation or threatened breach or violation of this Agreement, or in case Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
2. Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -
A. General Terms
(1). For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2). Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3). Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4). Run any type of web spiders or indexers.
(5). Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6). Run, host, or store any P2P client, tracker, software, server, files, content or application, including BitTorrent.
(7). Participate in any P2P or file-sharing networks.
(8). Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, other users, other orders, and any of Parent's services.
(9). Use the email service for sending or receiving unsolicited emails.
(10). Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such emails going through the regular mailing system, such emails will get classified as spam even though the recipient might have opted in for receiving such emails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11). Sending emails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such emails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12). Sending emails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such emails. Frequent violation would lead to permanent suspension of the domain name.
(13). Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14). Run cron entries with intervals of less than 15 minutes.
(15). Engage in any activities related to purchasing, sale or mining of currencies such as Bitcoin.
(16). You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, DeepraHost, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement. You further acknowledge and agree that we reserve the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in DeepraHost Hosting Services discretion for security purposes.
In case of vialoations there will not be any refund procesed weather your account falls in Money Back Gaurantee Period or not.
We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder.
(11) Use more than 50% of the website's disk space used by your Hosting order for storing emails.
(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
(13) Store more than two website backup files.
(14) Use more than 5GB per database.
(15)In the case of domain registrations: Renewals must be done prior to 10 days to avoid loss of domain names.
3. Domain Specific terms
The domains registered with us with all tenures customers will get a reminder(3 times normally) to get it renewed before 10 Days of Expiry.
To avoid any type of domain loss, you should renew it prior to 10 Days of its expiry.
Should you allow the domain to expire, you will be able to renew it for up to 7 days after the renewal date. During this time, the domain will not be accessible to any website or email services associated with it will stop working.
4. Refund Policy
Refunds will be made only in 30 Days Money Back Guarantee Period if you have any unresolved issue caused by our hosting infrastructure. (That does not include any third party hosted software. All points will be taken into considerations if an issue comes in our software that is shipped with your service.
There are no refunds on monthly and quarterly contracts. A 15 days money back guarantee on Half Yearly Contracts.
All Disputes are under New Delhi, India Jurisdiction.