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Terms Of Service

SpicyHost caters to people from across the globe and we strive to safeguard the interest of each client and provide them with the best possible service. These terms of service were defined in order to ensure that our services remain of world class quality. Terms of Service or TOS define the rule and regulations for using our web hosting services. All of our services are subject to the terms defined here under. Please read all the terms carefully and make sure you understand and agree to all the terms and conditions in its entirety. Signing up for using SpicyHost service implies that you agree with all these terms and are bound by the same.

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Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in-case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.


Content

All services provided by SpicyHost.in may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless SpicyHost.in from any claims resulting from the use of our services.

Examples of unacceptable material:
  • Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
  • Mailbombers or any sort of spam sites
  • IRC Bots
  • Warez Sites
  • DDOS/Syn/DOS/Portflood Attacks
  • Bots Flooding
  • Hate Sites
  • Roms / Emulators
  • Pirated Software
  • Proxies
  • Hack programs and archives
  • Malicious Scripts
  • Spamming ( Includes Forum Spamming, Black Hat Scripts )
  • Tobacco products
  • Prescription drugs
  • Drugs and drug paraphernalia
  • Weapons (including without limitation, knives, guns, firearms or ammunition)
  • Satellite and cable TV descramblers
  • Pornography, adult material, material which incites violence, hatred, racism or which is considered obscene
  • Government IDs and licenses including replicas and novelty items and any counterfeit products.
  • Unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses).
  • Unregistered charity services Items which encourage or facilitate illegal activities.
  • Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services.
  • Third party processing or payment aggregation products or services.
  • Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other get rich quick schemes or high yield investment programmes.
  • Goods or services that infringe the intellectual property rights of a third party.
  • Un-coded/miscoded gaming.
  • Timeshares or property reservation payments (On and Off Plan).

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice. SpicyHost.in reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion.

SpicyHost.in also reserves the right to make any such modifications in an emergency at our sole discretion. SpicyHost.in reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of SpicyHost.in. All rights reserved.


Payment Information

You agree to supply appropriate payment for the services received from SpicyHost.in, in advance of the time period during which such services are provided. You agree that until and unless you notify SpicyHost.in of your desire to cancel any or all services received, those services will be billed on a recurring basis. SpicyHost.in reserves the right to change the monthly payment amount and any other charges at anytime.


Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. SpicyHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SpicyHost Servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by SpicyHost.


Cancellation and Refunds

SpicyHost.in reserves the right to cancel the account at any time. Customer acknowledges that a minimum of 12 days cancellation notice prior to the following renewal term must be given in writing to SpicyHost or the Customer will be responsible for full payment of the following term.

The cancellation request will be subject to the following guidelines: Cancellation request must be submitted to the billing department. Cancellation request must be submitted from the main email address on file with SpicyHost.in. Cancellation request must contain the main IP address of the server you wish to cancel. SpicyHost.in gives you first 15 day money back guarantee on all the webhosting services except dedicated servers. Payment made for Domain registration, Product Addons, Management Services do not come under refund policy, domain name can be transferred to client after 60days of the subscription.

Accounts Suspended/Cancelled/Terminated by SpicyHost.in do not qualify for the 15 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Free Domains are available for the life of the Hosting Package. If a customer cancels at anytime SpicyHost will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically minus the cost of the free domain. For More details on 15-Day Money Back Guarantee go to this page : Click Here


Charge backs and Payment Disputes

Under this Terms of Service agreement you must first contact Leased Layer to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question. By using our services You agree to the above policy and to contact Leased Layer before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.


Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.


Price Change

SpicyHost.in reserve the right to change prices listed on SpicyHost.in, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase.


Uptime Guarantee

SpicyHost strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by SpicyHost monitoring systems or SpicyHost authorized/contracted outside monitoring services. If SpicyHost fails to meet it's 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis.SpicyHost does not credit a full month's service for minor downtime. This would not be financially healthy for SpicyHost, and in turn would only negatively affect the service level SpicyHost provides to you. "Partial credit for partial downtime" is our standard policy. In extreme circumstances, SpicyHost may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more


Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the SpicyHost network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e,.fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement. Telco Failure (i.e,. Verizon™ cutting a fiber line somewhere). Backbone peering point issues (i.e, UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast). Scheduled maintenance for hardware/software upgrades. Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). SpicyHost utilizes only name brand hardware of the highest quality and performance.

Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime). DNS issues not within the direct control of SpicyHost. Network floods, hacks, attacks from outside parties or individuals. Failure or error of any SpicyHost monitoring or measurement system. Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of SpicyHost service(s) in breach of SpicyHost. Policy and Service Guidelines (AUP), by Client or others authorized by Client.


Credits to the services will be applied on below specified stats.
UPTIME CREDIT 100% 0% 99.1% to 99.9% 5% 98% to 99% 10% 95% to 97.9% 25% 90% to 94.9% 50% 89% or below 100%
DMCA NOTICE POLICY

SpicyHost.in respects the intellectual property of others, and we ask our users to do the same. SpicyHost.in may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SpicyHost.in's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf SpicyHost.in's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

BY CERTIFIED MAIL:

SPICYHOST, #98/D, TECOBYTES SOLUTIONS Pvt. Ltd. Premises, NEAR BIG BAZAAR, AIRPORT ROAD CITY: HUBLI, POSTCODE: 580030, STATE: KARNATAKA, COUNTRY: INDIA. Email: administrator[@]spicyhost.in | Website: www.spicyhost.in

WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5 BUSINESS DAYS FOR PROCESSING.


DISCLAIMER

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


DISCLOSURE TO LAW ENFORCEMENT

SpicyHost.in may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.


CHANGES TO THE TOS

SpicyHost.in reserves the right to revise its policies at any time without notice.

Questions?Please feel free to Contact us for any clarifications regarding this agreement, preferably before signing up

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