Acceptable Use Policy (AUP) and Terms of Service (TOS)

Host Elevator issues this document and the company shall be known throughout this document as Host Elevator. Host Elevator agrees to provide the client web hosting for a monthly/annual fee. Host Elevator will never require clients to advertise for Host Elevator on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content. The service entitlement / features are not transferable.

Content

All services provided by Host Elevator may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Host Elevator from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content

Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Host Elevator will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links

• Pirated software
• Hacking programs or archives
• Warez Sites
• Porn
• Spam and Spamming Software

Background-running Programs

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.

Scripting and Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Host Elevator reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

• Chat servers/scripts of any kind are strictly prohibited.
• Form mail is not allowed on our servers.

You can use formmail scripts but they must be upto date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through Host Elevator's Services may be subject to protection under Indian (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Host Elevator Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Host Elevator Network. If you use a domain name in connection with the Host Elevator Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Host Elevator Network with an 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 the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Host Elevator 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. Users who violate system or network security may incur criminal or civil liability.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Host Elevator reserves the right at its sole discretion to refuse or cancel service. Violation of any of Host Elevator's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail

You must not use the Host Elevator Network, Host Elevator equipment or any Host Elevator email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Host Elevator Network, Host Elevator equipment or any Host Elevator email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

Web based mail interface is provided to check mails while travel. Clients are therefore requested to download the mails through mail clients (outlook, outlook express, thunderbird etc) on regular basis to have the backup of mails locally to avoid email loss. Accounts cannot be used for any of the following purpose : Bulk mail, Spamming or sending UCE ( unsolicited commercial mail ), software piracy, distribution of pornographic material, Publishing of obscene pictures, hacking or attempting to use machine or network resources for unlawful / illegal purposes. Any account violating these rules will be terminated immediately and no refunds will be issued, not withstanding penal provisions under the Indian Cyber laws enacted by the Govt. of India from time to time. If you are found to have spammed, Host Elevator reserves the right to disable your domain without warning. In addition, Host Elevator may impose a Rs. 10000/- penalty for each spam policy violation. Host Elevator solely reserves the right to refuse or cancel service to known spammers. Lastly, Host Elevator reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Host Elevator server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Host Elevator (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Host Elevator, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Host Elevator against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host Elevator server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Host Elevator to the amount paid for service.

Shared Hosting Servers Data Backup Policy

Backup of website content taken once in 30 days and to be used only for disaster recovery of servers. Clients are expected to have the backup of website contents, Emails and databases etc... No Backup will be provided on individual basis.

Data transfer charges per month will be applicable for clients who exceed the bandwidth limit set by the Host Elevator as per the Shared hosting plan provided.

Semi Dedicated Servers Data Backup Policy

Backup of Semi Dedicated Servers is taken on daily basis on Host Elevator Backup Servers with confirmation from the client and once in 15 days offline back up is taken which can be made available to client as required. Data transfer charges per month will be applicable for clients who exceed the bandwidth limit set by the company.

Dedicated Servers Data Backup Policy

Backup of Dedicated Servers is taken on daily basis on Host Elevator Backup Servers with confirmation from the client and once in 15 days offline back up is taken which can be made available to client as required. Data transfer charges per month will be applicable for clients who exceed the bandwidth limit set by the company.

Refunds Policy

You may cancel your account at any time before your monthly/yearly billing date, and you will not be billed for the next month/year.

All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

Setup fees (where applicable) are non-refundable under any circumstances. We do not offer any kind of "money back" guarantee. Service specifications and pricing subject to change without notice.

Late Payment

Payment has to be sent before the due date mentioned in the invoice failing which account will be deactivated or suspended or terminated at the sole discretion of Host Elevator. Host Elevator may, at its sole discretion, charge a fee of Rs.1000/- to reinstate a suspended account.

A service charge, equal to the charge incurred by Host Elevator from its bank, will be charged to your account for each cheque or payment that is returned to Host Elevator for insufficient funds or any other reasons. Contents of the website will be removed with in 7 days from the date of deactivation if clients fail to respond.

Communication

It is very important you keep your email address on file with us current. When you change email address please support@hostelevator.com to keep us informed of your working contact address. Official communication has to be sent on support@hostelevator.com for any changes to be made in postal address, email ids or any other service features. Failure to keep us updated with your current email address may mean important communications dont reach you, resulting in suspension or termination of your hosting account.

Additional Labour Rates

Any additional work you may require from Host Elevator staff which does not fall within the usual support boundaries is charged at a rate of Rs. 500 per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.

Disclaimer

Host Elevator will not be responsible for any damages your business may suffer. Host Elevator makes no warranties of any kind, expressed or implied for services we provide. Host Elevator disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Host Elevator and its employees. Host Elevator makes no "uptime" guarantees.

Host Elevator keeps backups of key server systems only and these backups are not available for customer use. Host Elevator can accept no responsibility for any loss of data or consequences arising from this. Host Elevator always advises clients to back up their site data regularly for their own protection.

Host Elevator furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Host Elevator. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Host Elevator then Host Elevator will not be responsible for maintaining hosting for the resellers customers. All communications (emails, verbal or written) are between Host Elevator and the client. These communications are private and are therefore not to be shared with any other parties.

Finally, Host Elevator wishes to emphasize that in accepting services, customers indemnify Host Elevator for the violation of any law or Host Elevator policy that results in loss to Host Elevator or the bringing of any claim against Host Elevator. This means that if Host Elevator is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Host Elevator, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Host Elevator reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice. All accounts are required to comply with any changes made to these policies while their account are active. Notification of any major changes to the policies will be updated on ibnhost.net Important Note: Clients are not permitted to have any commercially available software, fixes, patches or electronic media for download on your site. We reserve the right - at any time, to terminate service if we find that you have violated this term. And should not violation any licensing agreements currently in place, we reserve the right to permanently terminate your service without refund.