Terms of Service – Complete Overview

These Terms of Service (“Agreement”) define the complete legal relationship between Hostiera, legally owned and operated by Jarnail Singh (“Company”, “we”, “us”, “our”) and any individual or organization (“Customer”, “Client”, “User”) who accesses, registers, purchases, or uses any service provided by Hostiera.

This Agreement applies to all services including hosting, domains, servers, cloud infrastructure, email, security products, and access to the client panel (hPanel).

1. Definitions (Clear Meaning of Terms)

2. Eligibility & Account Responsibility

You must be at least 18 years old and legally capable of entering a binding contract. All activity performed through your account or client panel is considered authorized by you.

3. Scope of Services (What Hostiera Provides)

4. Acceptable Use Policy (Strict Rules)

The following activities are strictly prohibited to protect server stability, network reputation, and other customers:

• Spam, phishing, bulk or unsolicited email
• Malware, ransomware, crypto-mining, botnets
• Illegal, abusive, or copyrighted content
• CPU, RAM, disk, or bandwidth misuse

5. Billing, Payments & Chargebacks

Hostiera reserves the right to modify pricing, fees, or billing structures at any time. Continued use of services after such changes constitutes acceptance of the updated pricing.

6. Domain Registration & Reseller Policy

Hostiera acts strictly as a domain name reseller. Domain registrations, renewals, and transfers are governed by the registrar, registry, and ICANN policies.

7. Backup Policy (Customer Responsibility)

Backup retention duration, frequency, and availability may vary by plan and are not guaranteed under all circumstances.

8. Data Loss & Liability Disclaimer

Hostiera is not responsible for data loss caused by server failure, hacking, software bugs, misconfiguration, user actions, or force-majeure events.

9. Support Scope, hPanel & Tickets

All services are managed via the Hostiera client panel (hPanel) after login. Support is provided only through the ticket system.

10. Suspension & Termination

• Non-payment may lead to suspension
• Spam or abuse may cause instant termination
• Terminated accounts may have data permanently deleted

11. Company Legal Identity

Hostiera is an India-based web hosting and digital infrastructure service provider. All services offered through the Hostiera platform, including hPanel, billing, support, and service delivery, are operated in accordance with applicable Indian laws, regulations, and statutory requirements.

12. License to Use Services

Hostiera grants you a revocable, non-exclusive, non-transferable, limited license to access and use its website, client panel (hPanel), and services strictly in accordance with these Terms. This license does not grant any ownership rights in Hostiera’s platform, software, or infrastructure.

13. Service Activation & Delivery

Most services are activated automatically immediately after successful payment. In certain cases, manual verification may be required for security, compliance, or fraud-prevention purposes, which may take up to 36 hours. Service credentials, login details, and setup instructions are sent to the registered email address. Domain transfers may take up to 7 days depending on registry and registrar policies.

14. Refund Policy (Strict & Unified)

Hostiera maintains a limited refund policy applicable only under specific conditions. By purchasing any service, you agree to the refund terms stated below.

• Refund requests must be submitted via support ticket within 7 days
• Refunds are processed only after internal verification and approval
• Approved refunds will be issued to the original payment method or best possible alternative
• Processing time may vary depending on payment gateway

15. Non-Refundable Conditions & Exceptions

Refunds will NOT be provided under the following circumstances:

• Violation of Terms of Service, Acceptable Use Policy, or any abuse-related activity
• Account suspension or termination due to spam, phishing, malware, or illegal usage
• Chargebacks, payment disputes, or fraudulent transactions
• Failure to pass identity verification (KYC)
• Service suspension due to non-payment or overdue invoices
• Customer dissatisfaction without valid technical reason
• Incorrect service selection, upgrade/downgrade requests, or change of mind
• Downtime caused by third-party services, network issues, or force majeure events

15.1 Exceptional Refunds (Company Failure Only)

Refunds may be considered only in rare cases where Hostiera is unable to deliver the purchased service due to internal technical or operational failure.

• Applicable only if service is not delivered at all
• Subject to internal investigation and approval
• Does not apply to performance issues, external factors, or user-side problems

16. Suggestions & Feedback

Any feedback, comments, ideas, improvements, or suggestions submitted by you, whether directly or indirectly, shall become the sole and exclusive property of Hostiera. Hostiera shall be free to use, modify, publish, or implement such submissions without any obligation of compensation, credit, or acknowledgment.

17. User Consent

By accessing, registering, purchasing, or continuing to use Hostiera services, you expressly acknowledge, accept, and consent to be bound by these Terms, including all policies incorporated by reference and any future updates.

18. Cookies Policy

Hostiera uses cookies to enhance security, maintain sessions, analyze usage, and improve platform functionality. Cookies do not store personally identifiable or sensitive financial information. Disabling cookies may result in limited or impaired functionality of certain services.

19. Changes to Terms

Hostiera reserves the right to modify, amend, or replace these Terms at any time. Updated Terms will be published on the website. Continued use of the services after such changes constitutes full acceptance of the revised Terms.

20. Service Modification & Discontinuation

Hostiera may modify, suspend, or discontinue any service or feature, temporarily or permanently, with or without prior notice. Hostiera shall not be liable for any loss arising from such modifications or discontinuation.

21. Indemnification

You agree to indemnify and hold harmless Hostiera, its owners, employees, affiliates, and partners from any claims, damages, losses, liabilities, or expenses arising out of your use of the services, violation of these Terms, or infringement of any third-party rights.

22. No Warranties

All services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

23. Limitation of Liability

To the maximum extent permitted by law, Hostiera’s total liability for any claim arising out of or relating to the services shall not exceed the amount actually paid by you for the specific service giving rise to the claim.

24. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

25. Waiver

The failure of Hostiera to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it affect the enforceability of any other provision.

26. Intellectual Property

All content, trademarks, branding, software, designs, systems, and platform components are the exclusive intellectual property of Hostiera. Unauthorized copying, reproduction, distribution, or reuse is strictly prohibited.

27. Typographical Errors

In the event of any pricing, description, or informational error due to typographical mistakes, Hostiera reserves the right to cancel or refuse any affected orders, even if payment has already been processed.

28. Dispute Resolution & Arbitration

Any dispute arising out of or relating to these Terms or the services shall first be attempted to be resolved through informal negotiation. If unresolved, such disputes shall be subject to binding arbitration in accordance with applicable Indian laws.

29. Third-Party Services Disclaimer

Hostiera relies on third-party infrastructure providers, registrars, control panels, and payment gateways. Hostiera shall not be responsible or liable for failures, outages, delays, or losses caused by such third-party services.

30. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Courts located within India shall have exclusive jurisdiction over all matters arising out of or relating to these Terms.

31. “Unlimited” Usage Policy & Fair Usage Limits

Hostiera may advertise certain hosting plans as “Unlimited” in terms of storage, bandwidth, databases, or other resources. However, “Unlimited” does not imply unrestricted, infinite, or unmetered usage under all circumstances.

All hosting services are provided within a shared infrastructure environment where server resources are distributed among multiple customers. Therefore, usage must remain within fair, reasonable, and normal operational limits to ensure system stability and performance.

31.1 Fair Usage Principle

“Unlimited” services are governed by a Fair Usage Policy. Customers may use resources as required for normal website operation, provided such usage does not negatively impact server performance, network integrity, or other users.

• Services are intended for standard website hosting purposes only
• Not intended for enterprise-level, high-load, or resource-intensive applications
• Not intended for storage, backup, or archiving systems

31.2 Prohibited Storage Usage

Hosting services may not be used as a storage platform. The following uses are strictly prohibited:

• Storing backups, archives, or large data unrelated to active website content
• Using hosting as a file storage, cloud storage, or backup system
• Hosting video, audio, or media libraries for streaming or download purposes
• File sharing systems, peer-to-peer (P2P), torrent-related activities
• Storing executable files, installers, or large downloadable content

31.3 Database Usage Limits

• Databases must be used only for active website functionality
• Excessively large databases (e.g., above 1GB per database) may be restricted
• Hostiera may require optimization or reduction of database usage

31.4 Resource Usage Restrictions

To ensure consistent performance across shared servers, the following restrictions apply:

• Excessive CPU or RAM usage is not permitted
• Long-running processes, scripts, or background tasks may be restricted
• Cron jobs with high frequency or resource usage are not allowed
• Any activity that degrades server performance will be limited or stopped

Hostiera reserves the right to define and enforce resource limits including CPU, RAM, processes, and I/O usage to maintain overall server stability.

31.5 Email Usage Restrictions

• Email services are intended for normal communication purposes only
• Bulk mailing, spam campaigns, or mass email sending is strictly prohibited
• Hosting cannot be used as a dedicated email marketing or mailing server

31.6 Automated Protection Mechanisms

Hostiera employs automated monitoring systems to detect abnormal or excessive usage patterns.

• Accounts may be automatically throttled, limited, or suspended
• Users may be notified to optimize usage or upgrade services

31.7 Upgrade Requirement

If your website or application exceeds the limitations of shared hosting, you may be required to upgrade to a VPS or dedicated server.

31.8 Enforcement & Termination

Violation of this policy may result in:

• Temporary suspension of services
• Permanent account termination
• Removal of excessive data or files

32. Strict Prohibited Content (Zero Tolerance Policy)

Hostiera enforces a strict zero-tolerance policy toward certain types of content and activities to ensure compliance with applicable laws, protect infrastructure, and maintain service integrity.

You agree that the following content and activities are strictly prohibited:

• Pornographic, adult, or sexually explicit content in any form
• Gambling, betting, lottery, or wagering-related platforms
• Bulk mailing, mass emailing systems, or spam campaigns
• Unsolicited commercial communications or email abuse
• Hosting or promoting illegal, harmful, or abusive material

33. Mandatory Domain Requirement

To activate and operate hosting services, a domain name is required. Customers may either register a domain through Hostiera or use an existing domain from a third-party provider.

• Domain registration with Hostiera is optional but recommended
• External domains must be properly configured using correct DNS and nameservers
• Any downtime caused due to incorrect domain configuration is solely the customer’s responsibility

34. Platform Usage Restrictions

You agree not to, and will not permit others to, directly or indirectly misuse or exploit Hostiera services.

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, or commercially exploit the service
• Make the platform available to unauthorized third parties
• Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the service
• Remove, alter, or obscure any proprietary notice including copyright or trademark notices

• Using your own affiliate link to purchase services for personal use is strictly prohibited

35. Domain Lifecycle, Renewal & Expiry Terms

Hostiera provides automated reminders to ensure timely domain renewal; however, ultimate responsibility lies with the customer.

• Customers will receive renewal reminders (typically up to 3 notifications)
• Domains should be renewed at least 10 days prior to expiry
• If not renewed, domains may enter expiry and services will stop functioning
• A grace period of up to 7 days may be available depending on registry policies
• After the grace period, domains may enter redemption or become permanently unrecoverable

36. Updates, Modifications & Service Changes

Hostiera may from time to time provide updates, upgrades, bug fixes, patches, or enhancements (“Updates”) to improve service performance and security.

• Updates may modify, replace, or remove certain features or functionalities
• We are not obligated to provide continuous updates or maintain specific features
• All updates shall be considered an integral part of the service
• All updates are governed by these Terms of Service

37. Extended Intellectual Property Protection

All platform elements including but not limited to software, systems, text, graphics, layout, images, videos, designs, and code are the exclusive property of Hostiera or its licensors.

• Protected under Indian and international copyright, trademark, patent, and intellectual property laws
• No content may be copied, reproduced, modified, distributed, or reused without prior written consent
• Unauthorized usage may lead to legal proceedings and liability

38. Identity Verification & Compliance (KYC Policy)

To comply with applicable laws, regulatory frameworks, fraud prevention standards, and security protocols, Hostiera reserves the right to request identity verification at any stage.

• Submission of valid government-issued identification may be required
• Additional documentation may be requested for verification
• Services may be restricted, delayed, or suspended until verification is completed
• Failure to complete verification may result in permanent termination
• Providing false or misleading information will lead to immediate account suspension and permanent restriction

39. Unified Policy Enforcement

All additional terms mentioned in this section are considered an integral part of the primary Terms of Service. In case of any conflict, Hostiera reserves the right to interpret and enforce these Terms at its sole discretion.

By continuing to use the services, you acknowledge and agree to all the above conditions in full.

40. Copyright Infringement & DMCA Policy

Hostiera respects intellectual property rights and complies with applicable copyright laws. If any content hosted on our services is alleged to infringe copyright, we follow a structured takedown process.

• Copyright owners may submit a complaint with valid proof of ownership
• Complaint must include identification of copyrighted work and infringing content
• Upon valid notice, Hostiera may remove or disable access to the content
• The account holder may be notified and given an opportunity to respond
• Repeat infringement may result in account suspension or termination

41. Abuse Reporting & Investigation Process

Hostiera maintains a structured process for handling abuse complaints including spam, phishing, malware, or policy violations.

• Complaints may be received from users, third parties, or automated systems
• Hostiera may investigate and verify the reported issue
• Users may be contacted for clarification or corrective action
• Immediate suspension may occur in severe or high-risk cases
• Repeated violations may lead to permanent termination

Hostiera may issue warnings, temporary suspension, or permanent termination depending on the severity of the violation. Immediate action may be taken without prior notice in critical or high-risk cases.

42. Force Majeure (Uncontrollable Events)

Hostiera shall not be held liable for any failure or delay in performance caused by events beyond reasonable control.

• Natural disasters such as earthquakes, floods, or fires
• Government actions, legal restrictions, or regulatory changes
• War, cyber-attacks, or large-scale network failures
• Data center outages, power failures, or infrastructure issues
• Internet service provider disruptions or global connectivity issues

43. Service Availability & Uptime Disclaimer (SLA)

Hostiera aims to provide high service availability; however, uptime is not guaranteed unless explicitly stated in a separate Service Level Agreement (SLA).

Hostiera aims to maintain 99.9% uptime for shared hosting services, excluding scheduled maintenance and force majeure events.

• Temporary downtime may occur due to maintenance, upgrades, or technical issues
• No compensation is guaranteed for service interruptions
• Scheduled maintenance may be performed without prior notice

44. Account Inactivity, Suspension & Deletion Policy

Hostiera reserves the right to suspend or delete inactive or unpaid accounts to maintain system efficiency and resource availability.

• Accounts with unpaid invoices may be suspended
• Suspended accounts may have limited access to services
• Accounts may be permanently deleted after a certain period of inactivity or non-payment
• All data associated with deleted accounts may be permanently removed without recovery

Hostiera may retain account data for a limited period after suspension or termination, after which all data may be permanently deleted without any further notice.

45. Email Usage Limits & Anti-Spam Enforcement

Email services provided with hosting plans are intended for normal business or personal communication only.

• Bulk mailing, mass campaigns, or email marketing is strictly prohibited
• Excessive outgoing emails may be automatically blocked
• Accounts generating spam complaints may be suspended immediately
• SMTP abuse or blacklisting may lead to permanent termination

46. Data Processing & Logging Policy

Hostiera may collect and process certain technical data to ensure service security, performance, and compliance.

• IP addresses, login activity, and access logs may be recorded
• System logs may be analyzed for security monitoring and abuse detection
• Data may be shared with third-party tools for infrastructure, billing, or security purposes
• No sensitive financial data is stored beyond required processing

47. Brand Impersonation, Fake Websites & Trademark Abuse Policy

Hostiera strictly prohibits any form of brand impersonation, fake application cloning, deceptive websites, or misuse of trademarks that may mislead users or infringe upon the rights of third parties.

You agree that the following activities are strictly prohibited:

• Registering domain names that are identical, confusingly similar, or intentionally misspelled versions of well-known brands or trademarks
• Creating fake or cloned websites that imitate the design, layout, branding, or functionality of legitimate businesses
• Using logos, brand names, or copyrighted materials without proper authorization
• Hosting phishing websites or fake login pages intended to steal user credentials or sensitive information
• Developing or distributing fake applications, scripts, or tools that impersonate legitimate services
• Engaging in any activity that may deceive users into believing your service is associated with another company or brand

48. Privacy, Data Protection & User Rights

Hostiera is committed to protecting user data and privacy in accordance with applicable Indian laws and industry standards.

• User data such as name, email, IP address, billing details, and usage activity may be collected for service delivery and security
• Data is stored securely and accessed only by authorized personnel
• Hostiera does not sell or share personal data with unauthorized third parties
• Data may be shared with payment gateways, registrars, or legal authorities when required
• Users may request data correction or deletion, subject to legal and operational requirements

49. Payment Fraud, Chargeback Abuse & Risk Control

Hostiera actively monitors transactions to prevent fraud, abuse, and unauthorized payment activity.

• Suspicious or high-risk transactions may be flagged for manual verification
• Hostiera reserves the right to delay, suspend, or cancel services in case of suspected fraud
• Chargebacks or payment disputes will result in immediate account suspension
• Users involved in fraudulent activity may be permanently blacklisted
• Hostiera reserves the right to recover outstanding dues through legal means

50. Reseller Responsibility & Liability

Customers using reseller hosting services are fully responsible for all activities performed under their reseller accounts and their end clients.

• Resellers are responsible for managing, supporting, and monitoring their clients
• Any abuse, spam, or policy violation by reseller clients will be treated as a violation by the reseller
• Hostiera will not communicate directly with reseller clients
• Resellers must maintain their own backups, security, and client management

51. Service Migration & Data Transfer Disclaimer

Hostiera may offer migration assistance; however, data transfer and migration are performed on a best-effort basis without guarantees.

• Customers are responsible for maintaining backups before migration
• Hostiera is not responsible for data loss, corruption, or compatibility issues during migration
• Migration timelines are not guaranteed and may vary depending on complexity

52. Anti-Fraud, Scam & Financial Abuse Policy

Hostiera strictly prohibits the use of its services for fraudulent, deceptive, or financial scam-related activities.

• Ponzi schemes, investment scams, fake earning platforms, or deceptive financial systems
• Fake loan, crypto, trading, or investment websites designed to mislead users
• Any activity intended to defraud, exploit, or mislead individuals or organizations

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