The TOS apply to all Services provided by HostFe to you throughout the entire Term or Renewal Term. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on HostFe. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. HostFe reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when HostFe decides that the account has been inappropriately used or otherwise.
1. General Terms
(i) HostFe reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.
(ii) The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.
(iii) Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
(iv) Website content that promotes or advocates human trafficking in any way shape or form as determined by HostFe’s sole discretion, sites that promote prostitution, or escort services.
(v) Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
(vi) Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of HostFe.
(vii) Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.
(viii) Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(ix) Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material.
(x) Games - We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.
(xi) IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
In compliance with DMCA act, HostFe has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected]
2. Abuse Of Resources
Your hosting account at HostFe.com can get terminated due to the following reasons:
(i) Any attempts to compromise or actual compromise of a network device belonging to HostFe or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
(ii) Denial of Service (DOS) attacks directed at HostFe, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
(iii) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
(iv) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
(v) The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
(vi) Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund.
(vii) Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
(viii) If any client is in any way disrespectful towards any member of the HostFe staff we have full right to remove them from our services without any refund.
3. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
(i) Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
(ii) Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations.
(iii) If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
(iv) Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $100 will be charged to your account.
(v) The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $200. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
(vi) We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
(vii) We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
4. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
(i) Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. HostFe would be the sole arbiter as to what constitutes a violation of this provision.
(ii) In order to ensure that our servers give us optimum performance we have set limits on the number of outgoing mails which can be sent per domain per hour. The defined numbers here is the maximum limit of the highest plan of that service, if you choose a lower plan the number of outgoing emails limit may vary. Shared customers would be allowed to send upto 20 outgoing mails per hour, reseller users upto 20 mails per hour per cpanel account in Reseller while cloud customers would be able to send 40 outgoing mails every hour.
(iii) We do not guarantee Inbox email delivery with any of our hosting plans.
5. Backup Policy
(i) Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. HostFe does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. HostFe Doesnt maintain any back-up of cpanel or servers
(ii) You as a HostFe User agree that in no case, HostFe can be held responsible for the loss of data in any circumstances.
(iii) You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored It is your responsibility to take backup of your site on your personal computer. We make no guarantees about the availability of backups.
6. Uptime Guarantee
(i) Any service interruptions or downtime due to scheduled maintenance by HostFe or our network providers will not count towards the uptime guarantee.
(ii) HostFe is not liable in any way for failure of third party services.
(iii) HostFe will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
7. Account Security and Company Systems
(i) You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
(ii) Your password provides access to your account. It is your responsibility to keep your password secure.
(iii) Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
(iv) Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
(v) You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
(vi) You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
(vii) You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. HostFe will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
(viii) It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
(ix) Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
(x) Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
(xi) We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
8. Late Payment or Non-Payment
(i) Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
(ii) If your account gets terminated, the data residing on it won't be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
(iii) We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
9. Domain Payments
(i) Domain Registrations: No refund is applicable once the domain is registered.
(ii) Domain infringement: You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: Flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in
(iii) Domain Renewal: We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.
10. Cancellation Process
(i) At any point of time, you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
(ii) You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.
(iii) It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.
The price mentioned on the site is exclusive of taxes. To view price with taxes please refer the Cost Calculator of each plan. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable.
(i) Customer agrees that they will protect, indemnify, save and hold HostFe harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against HostFe, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns.
(ii) Customer agrees to defend, indemnify and hold HostFe harmless against liabilities arising out of –
(a) Any injury to person or property caused by any products sold or distributed in association with HostFe's Services;
(b) The loss of any electronic files furnished by customer (Or customer's customer);
(c) Copyright violation and any defective products sold to a customer from HostFe's Services
13. Limitation of Liability
(i) To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold HostFe, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the
(ii) Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including HostFe's licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).
(iii) You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.
14. Dispute Resolution. Jurisdiction
(i) In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and HostFe shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
(ii) You agree that the Courts of Bengaluru, Karnataka (India) shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as well as any other document entered into by the Parties shall be governed by the laws of India.
15. Price Change
The prices of our services may be changed from time to time depending on our vendor's pricing. We are authorized partners of multiple license providers and domain registrars. If there's any change in their pricing structure, we will be forced to increase the prices of our services to cover our costs. You are required to review billing information from time to time to avoid any surprise pricing.
16. Change of TOS
HostFe may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.