The use of services from Web Hostian constitutes agreement to these terms:
We are a web hosting and domain registration service provider in Bangladesh. We have a well-fixed and customer-friendly Privacy Policy.
1.) Account Setup / Email on file
Web Hostian will setup your account after we have received payment. For taking your service from us, you must need to contact with us directly. You will get the full address or contact information of our in contact page. It is your liability to provide us a valid and daily checkable email address of yours. 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 extinction of your account. If you fail to meet these requirements, the order may be considered fake in nature and be denied.
Transfers
Our transfer team will make every effort to help you move your site to us. However, transfers are provided as a good manners service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your agreement date. Transfers outside of the 30 day free period will incur a charge; please contact us with specific details to receive a price quote.
2.) Content
All services provided by Web Hostian may only be used for lawful purposes. The customer agrees to assure and hold harmless Web Hostian from any claims.
Use of our services to break upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email sales [at] webhostian [dot] com with the information required.
Web Hostian systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Web Hostian system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be detached from our servers (or otherwise disabled), with or without notice.
If in doubt regarding the acceptability of your site or service, please contact us at sales [at] webhostian [dot] com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
Web Hostian reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in a crisis at its sole discretion.
4.) Payment Information
You agree to supply appropriate payment for the services received from Web Hostian, in advance of the time period during which such services are provided. You agree that until and unless you notify Web Hostian of your desire to cancel any or all services received, those services will be billed on a recurring basis.
If you want to cancel your agreement or don't want to take our service any more then you must need to send a cancellation message via your primary email, which you provide us in the dealing paper. Others, if you directly contact with us via phone or face to face then it will best for your cancellation process.
Once we receive your cancellation and have confirmed all necessary information with you via e-mail or directly, we will inform you in writing (typically email) that your account has been canceled. An employee will confirm your request (and process your cancellation) shortly afterward. If you do not get any response from us, or do not receive the automatic confirmation email after submitting your cancellation, please contact us immediately via phone or face to face. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Web Hostian, it is your responsibility to ensure that your payment information is up to date, and that all statements are paid on time. Web Hostian provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a late fee.
Web Hostian reserves the right to change the monthly or yearly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Web Hostian is not responsible for files and/or data residing. You agree to take full responsibility for files and data transferred and to preserve all appropriate backup of files and data stored on Web Hostian servers.
6.) Cancellations
Customers may not accept new agreement after finishing one of agreement deadline without any reason, but need to confirm it to us. But you never get back of your money which is already dealt with us.
7a.) Resource Usage
User may not:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our servers.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php")
7b.) INODES
The use of more than 50,000 inodes may potentially result in suspension. Found of exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are suspect to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
8.) Bandwidth Usage
You are allocated a monthly allowance. This allowance varies depending on the hosting package you purchase. In high allowance packages of hosting service you will get more Bandwidth.
9.) Uptime Guarantee
If your account has a physical downtime that is not within the 99.9% uptime you may receive one month of credit. Approval of the credit is at the discretion of Web Hostian dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales [at] webhostian [dot] com with justification. All requests must be made in writing application.
10.) Price Change
We reserve the right to change prices listed on Web Hostian, and the right to increase the amount of resources given to plans at any time.
11a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Web Hostian harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Web Hostian, which may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Hostian against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Web Hostian; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement.
11b.) Adjudication
By using any Web Hostian services, you agree to submit to binding adjudication. If any claims arise against Web Hostian or its subsidiaries, such disputes will be handled by an arbitrator of Web Hostian's choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties.
12.) Disclaimer
Web Hostian shall not be responsible for any damages your business may suffer. Web Hostian makes no warranties of any kind, expressed or implied for services we supply. Web Hostian disclaims any warranty or merchantability or fitness for a particular purpose.
13.) Disclosure to law enforcement
Web Hostian 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.
14.) Changes to the TOS
Web Hostian reserves the right to revise its policies at any time with or without any notice.
