Terms & Conditions for Dedicated Server, VPS Server, Cloud
All Customers of TheServerHost (Space Edge Technology Private Limited) are subject to abide by the terms and conditions included in our User Agreement. The User Agreement is a legal pact between TheServerHost (Space Edge Technology Private Limited) and the Users that defines the rights, duties and obligations of the company and its Users. TheServerHost (Space Edge Technology Private Limited) is at sole discretion to make any modifications to these terms and conditions at any point of time.
TheServerHost (Space Edge Technology Private Limited) offers some Professional Server Services in addition to the hosting service. All the customers purchasing any Professional Services should read and agree to the terms and conditions set forth in this section for any service they purchase. When you fill in your information on the servers of TheServerHost (Space Edge Technology Private Limited), it is assumed that you have read and understood our TERMS AND CONDITIONS, and that you agree to abide by it.
1. Server Delivery Duration
Delivery of server depends upon Serveral factor like Installation of Operating System, Installation of fire wall, Installation of Control Panel and other configuration.
SO ANY SERVER WILL DELIVER WITH MINIMUM TIME OF 4 HOURS TO MAXIMUM 24 - 72 HOURS.
All servers will be delivered within 3 to 5 working days and sometimes may take longer for longer, we will adjust the billing cycle.
2. Compliance with the Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. He/She shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
3. Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service, Customers may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, he/she must contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1. General
3.1.1. Pornography and pornographic-related merchandising are prohibited under all the Company’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
3.2. System and Network
3.2.1. Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
3.2.4. Circumventing user authentication or security of any host, network, or account.
3.2.5. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
3.2.7. Creating an “active” full-time connection on a Company-provided account by using artificial means involving software, programming, or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing, or in any way modifying or tampering with Company created log files.
3.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
3.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice, or otherwise unacceptable to the Company.
3.2.11(a). IP geolocation databases can be incredibly useful, but the accuracy of each provider varies. ARIN is the source most IP address providers use, but IP assignments can change regularly as IP addresses are released and acquired. Companies can assign IP addresses to their users however they want and with little regard to geographic boundaries, making it hard to pinpoint a specific IP address's exact location. Consider carefully when picking a data source since the accuracy of IP geolocation data differs between providers.
3.2.11(b). We are currently in the "maxmind , ipip , ip2location "" these three mainstream database update IP location. So other providers data may vary due to no updation of details on time. So any other database providers data may not be considered for IP geolocation.
3.3.1. Furnishing false or incorrect data on the order form, contract, or online application, including fraudulent use of credit card numbers.
3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.
3.3.3. There is No Refund Policy.
3.4. Mail
3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”).
3.4.2. Sending UCE referencing an email address for any domain hosted by the Company;
3.4.3. Sending UCE referencing a domain hosted by the Company;
3.4.4. Sending UCE referencing an IP address hosted by the Company;
3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;
3.4.6. The Company will be the sole arbiter as to what constitutes a violation of these provisions.
3.4.7. Harassment, whether through language, frequency, or size of messages.
3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. None of our servers come with Port 25 open except if bulk mailing server or any specific requirement with port 25 required with conditions before placing order with our sales executive.
3.4.10. Solicitations of mail for any other Email address other than that of the poster’s account or service with the intent to harass or to collect replies.
3.4.11. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
3.4.12. Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
3.4.13. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
3.4.14. Customers will be charged a minimum $0 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.
3.5. Customer Support
3.5.1. The Company promotes a mutually professional relationship with its customers. Abusive, threatening, obscene, or otherwise harassing communications with agents of the Company, via telephone, email, online chat, or other means will result in immediate account termination notwithstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
3.6 Abusive or critical remarks with regard to any religion, community, gender, or any other sensitive topic If our server is found to be used for the above purposes, we will terminate the service immediately without any warning and without offering any refund or credit back. Further, if any such case is detected the responsible person will be required to provide clarification if requested.
4. Indemnification of Provider/Relationship of Parties
4.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
4.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.
5. Security/Software
5.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
5.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system, or customer of the Company.
5.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
5.4. Uploading a virus to a Company server will result in account termination, service charges, and/or prosecution.
5.5. Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1. Limitations
In no event shall TheServerHost (Space Edge Technology Private Limited) (the company) have any liability whatsoever for damage, unauthorized access to, alteration, theft, or destruction of information provided to the company, distributed or made available for distribution via the services. The company and its sister consults branch shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if they have been advised of the possibility of such damages. In any event, the liability of the company, to you for any reason and upon any cause of action shall be limited to the amount actually paid to it, by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by the company, under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release TheServerHost (Space Edge Technology Private Limited), from any and all obligations, liabilities, and claim in excess of the limitation stated in this section
6.1. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
6.2. Interruption of Service
You hereby acknowledge and agree that TheServerHost (Space Edge Technology Private Limited), will not be liable for any temporary delay, outages, or interruptions of the Services. Further, the company shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
6.3. Maintenance
You hereby acknowledge and agree that TheServerHost (Space Edge Technology Private Limited), reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. The company will use its best efforts to notify you of pending maintenance however at no time is it under any obligation to inform you of such maintenance.
6.4. Backups and Data Loss
Your use of TheServerHost (Space Edge Technology Private Limited) servers and services is at your sole risk. The company is not responsible for files and/or data residing on your Server. While backups may be provided by the Company, You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your server and agree that it is your own (the Customer’s) responsibility to take backups of data residing on your server.
7. Violation
Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges, or a combination thereof.
If any client is in any way disrespectful or abusive toward the Company’s staff in any manner, we have full right to remove them from our services without any refund.
8. Confidentiality
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information, and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
The Customer and the Company further agree that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
10. Refusal of Service
10.1. The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.
10.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
10.3. Whenever any user registered
10.3(a).KYC Documents are mandatory who wish to purchase any new service with us,
Why do we need KYC documents
We required KYC for security purposes as mandated by the CERT-IN under section 70B, Information technology Act 2000. Check out the links below for the details -
https://www.cert-in.org.in/Directions70B.jsp
https://www.cert-in.org.in/PDF/CERT-In_Directions_70B_28.04.2022.pdf
KYC documents include Passport, Driving License, Voter Id (Applicable to Indian User), Pan Card (Applicable to Indian User), Aadhar Card (Applicable to Indian User),GST Registration Detail (Applicable to Indian User), Company Registration Detail.
User will be notified via email or ticket for Submission of KYC documents, if within 6 hours user fails to submit the documents account will be suspended. Please note that maximum 5 days provided(not applicable to renewal of a service) to verify the user profile details via KYC documents in case of user fails to do, order will be marked as fraud and account will be terminated also not eligible for refund.
For Suspend account due to pending payment-Users who have not made the payment on or before the due date account will be terminated and after 2 days of due date all the data will vanish and we will not be responsible for that it is user's sole responsibility.
10.4.1. Paypal and client area portal register email ID discrepancy
Making payment via Paypal payment mode that constitutes a different registered email ID from your client portal email ID
10.5. Kindly fill in the proper details in your profile while registering. if not it may lead to a delay in activation of service as soon as the details we required are fulfilled we will deliver your servicve..
11. Disclaimer
11.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT THE CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS, OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, AT DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.
11.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.
11.3. PLEASE BE ADVISED THAT TheServerHost (Space Edge Technology Private Limited)., RESERVES THE RIGHT TO REQUEST A COPY OF A VALID STATE AND OR COUNTRY IDENTIFICATION, SUCH AS A VALID STATE DRIVER LICENSE AND OR PASSPORT, ALONG WITH VALID PAYMENT INFORMATION INCLUDED BUT NOT LIMITED TO CREDIT CARDS AND OR PAYPAL INDICATING THE LEGITIMACY OF THE ACCOUNT AND PAYMENT METHODS. THIS IS A ONE-TIME REQUIREMENT FOR ALL THE NEW ACCOUNTS, TO PROTECT AND DETER ANY AND ALL POSSIBILITIES OF FRAUD.
11.4. The Company reserves the right to revise or change these Terms of Service at any time.
12. High Resource User Policy
At the point when a server is observed to be unreasonably utilizing the assets accessible, Linux and windows fully managed Dedicated Servers saves the comfortable sole caution to close down that server quickly. This arrangement is just actualized in amazing circumstances and is planned to keep the abuse of our servers and system. Where fitting record holders may be offered a choice whereby Dedicated Servers reactivate the server with extra assets for an extra charge. In the event that the record holder is expecting a noteworthy change of transfer speed use, please get in touch with us to stay away from administrations being shut down for mass genuine movement increments. While sensible endeavors will be made to constrain inbound and outbound assaults on separates, Dedicated Servers are not be obliged, as far as possible or stop such assaults and the record holder might be in charge of all transfer speed utilized regardless of whether utilized or added to, by an assault.
13. Bandwidth
Every server is assigned a set measure of information exchange stipend every month (figured as both inbound and outbound) as indicated on the request page. Transfer speed recompense is entirely in light of a for each server premise and can’t be pooled with any extra service(s) the record holder may have. On the off chance that the data transfer capacity stipend is surpassed, the record holder is at risk for the expense of the surpassed transmission capacity sum. Data transmission utilization will be exclusively in view of Dedicated Servers checking. Observing is computed on the switch port the administration is joined with or by means of Net flow. Completely oversaw Dedicated Servers claims all authority to uproot administrations that surpass their transmission capacity stipend without notification. Abundance transmission capacity is charged at the rate shown for your pertinent service(s) on the Linux and Windows Dedicated Servers site “https://www.theserverhost.com” in an overabundance of that initially distributed for the administration.
