Uptime confirmation
During an annual downtime of more than 1% on the server,
where the Customer’s website is hosted, Customer will receive compensation if
all of the following conditions are met:
* Customer has used the Company’s web hosting service for at
least 12 months.
* Servers (s), where the Customer’s hosting account is
located, receive a total downtime of more than 1% for a period of 12 months
after account opening or during any 12 consecutive months.
* The reason (s) for the occurrence of the server downtime
were NOT upon the Company’s influence, including but not limited to: DDoS
attacks, internet problems, power outages, hardware failures, software failures
and forcing major events like fire. , floods, other natural disasters and acts
of God, labor disputes, accidents, acts of war or terrorism, failure of any
external organization to perform any obligation related to server downtime,
etc.
* Customer should claims for compensation within 30 days
after a period of 12 months, when the period of over 1% off, has expired. The
Customer will be reimbursed for the credit equal to the amount he paid for the
hosting service prorated by the number of hours in which the Service was
interrupted because of the downtime.
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Inodes policy
Customer is fully aware, understands and agrees that there
is an inode limit for every type of shared hosting account. The Company will no
longer be able to create backup accounts once the inode limit is reached,
except for disaster recovery copies reserved for internal use only. The
limitations of these packages are as follows: 420 000 in Enterprise, 210 000 is
the limit for one Business, and 140 000 is the Starter package limit. If that
limit is reached, the customer may be asked to take action or upgrade to a more
robust solution as such accounts cause a malfunction of the entire shared
hosting site where he resides and affect all customers located on the same
host. If the condition is not met this may result in the account being
suspended. Every single file or folder in the Customer account is counted as 1
inode unit.
Backup policy
The backup retention period for every account is 30 days.
Please note that backups are courtesy part of the service.
You also need to save your own backups.
The backup copies mentioned here are for use within the
Company only. Customer understands and agrees to be solely responsible for
making backup copies of website and content, account related, such as email
messages, SQL database, etc. The Company has no liability or obligation to
create, maintain or provide any backup copy on the Customer’s website and other
content.
The Customer understands and agrees that the Company will
not be liable for any damages, data loss, loss of use or other loss resulting
from the lack of a copy of the Customer’s website and other content or having
an old backup copy of the Customer’s website and other content.
The Company is not liable for any damages caused to the data
loss, including but not limited to internet connection problems, power outages,
hardware failures, software failures, personal error and major events such as
fires, floods, and more. natural disasters and acts of God, labor disputes,
accidents, acts of war or terrorism, failure of any third party to perform any
obligation, etc.
In these and all other cases the Customer will be
responsible for making and maintaining backup copies of the data outside the
Company’s infrastructure, associated with the Customer hosting account and for
recovering any lost data and information.
The Company will not be liable for the time required for the
Customer to return the backup information to its host account and will not be
responsible for notifying the Customer in the event that the contents of the
Customer account need to be restored.
Disk space and traffic usage
The customer understands that the terms “unlimited” and
“unmetered” are defined by the information obtained by the Company with the
same customers or measured by industry standards and the use of the shared
hosting account service available on the same server. This means that the
Consumer’s use of our services may not exceed that of similarly hosted customers in a way that interferes with the
global operation of the hosting site or causes any service-related problems,
general copy delay or high I / O wait.
When it comes to cloud hosting packages for all the services
provided as advertised on our website are assigned to the Customer account when
it first arrives, first provide the basis for service availability.
What “unlimited” means?
Protozoa Host (Protozoa Host Pvt Ltd) uses detailed and
complex mechanisms to protect its Customers and programs from harassment.
Protozoa Host’s provision of “unlimited” services is not intended to
allow one or more Customer actions to have any unfair or adverse impact on the
experience of other Customers. Please note that the Protozoa Host’s hosting
service is designed to host websites, But it does NOT offer unlimited online
storage, backups, or archives for electronic files, documents, log files, etc.,
and any such use of prohibited Services will result in termination of the
Registration Account, with or without notice.
Shared hosting space allows multiple Customer websites to be
hosted on the same server and share server resources. The Protozoa Host service
is tailored to meet the general needs of small and medium businesses. It is not
intended to support the ongoing need for large businesses, or unusual
applications that are better suited to a dedicated server or other highly
developed solution. Protozoa Host will make every reasonable commercial effort
to provide additional services to Subscribers who use their websites in
accordance with these Terms and Conditions, which include moving subscribers to
new and larger shared servers as required. However, in order to ensure
consistent experience and quality for all users, Protozoa Host puts automated
protections to protect any single site that grows very fast and has a negative
impact on the system until Protozoa Host can assess the needs of a particular
service and may suggest enhancements or improvements, upgrade or downgrade the
hosting plans, application improvement or other forms of action, only where
possible and with interest.
Customer agrees that the Services purchased by the Company
are for web hosting purposes and not for storage. Storage of a large number of
unencrypted or full-size digital images, both online backups of your local
computer or an Internet File (FTP) hosting service Providing Distribution of
content such as MP3 files or other multimedia content is strictly prohibited by
the Company and will result in Customer account suspended and / or flagged for
review by the Company without prior notice.
Unmetered
Bandwidth
Although, shared servers are not limited to their bandwidth
provision due to the nature of the shared hosting environment, and to ensure
fast and reliable service to all of our customers, accounts that adversely
affect server or network performance should fix these issues or be questioned.
development is a very powerful solution.
MySQL / PostgreSQL / Other search engine policy
Customer understands and agrees that the use of MySQL and
PostgreSQL server resources should be maintained in a way that does not
compromise the quality of the overall server performance.
The Company reserves the right to determine at its
discretion any queries that are addressed to any database that is considered
sensitive. Slow queries are considered a burden, which jeopardizes overall server
performance. Failure to comply with this may result in a possible warning,
suspension or termination of account.
Unlimited Bandwidth
Although, shared servers are not limited to their bandwidth
provision due to the nature of the shared hosting environment, and to ensure
fast and reliable service to all of our customers, accounts that adversely
affect server or network performance should fix these issues or be asked to
upgrade their hosting to the hosting with suitable resources
MySQL / PostgreSQL / Other database engine policy
Customer understands and agrees that the use of MySQL and
PostgreSQL server resources should be maintained in a way that does not
compromise the quality of the overall server performance.
The Company reserves the right to determine at its
discretion any queries that are addressed to any database that is considered
sensitive. Slow queries are considered a burden, which jeopardizes overall
server performance. Failure to comply with this may result in a possible
warning, suspension or termination of account.
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Proper use of MySQL / PostgreSQL resources
Customer agrees that they will not use more than 10 percent
of system resources at any time, used in MySQL queries regarding the site under
the account in question.
The maximum MySQL / PostgreSQL size limit for each shared
hosting server is as follows: 900 MB for Enterprise package, 600 MB for
Business, and 300 MB for Launcher.
Data stored in excess of the recommended size is considered
sensitive, thus compromising server performance. Data stored in excess of the
size specified herein is subject to suspension or permanence, termination or
rotation without prior notice or Company request.
The customer is responsible for managing the database and
the scripts they work with to comply with this section of the Terms of Service
document.
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CPU Access Policy and Governance
Customer acknowledges and understands that the Company
provides access to CPU resources in a shared manner, among all Company
Customers. In order to maintain the quality of service and even ensure CPU
distribution among Company Customers, each plan is designed to support a certain
amount of CPU load per month.
The Company will notify the Customer in the event that his
account reaches 70% of his / her monthly CPU time, in order to work with and
obtain a solution / evaluation of the Customer’s needs and / or software used
by the Customer. In cases where the Customer does not take steps to address CPU
usage in excess of 70% of its monthly plan allocation, the Company reserves the
right to limit access to CPU resources in a given account until its monthly
allocation is reset. Customer therefore acknowledges and acknowledges that with
limited access to shared CPU resources the proper functioning of its services
with the Company may be affected. By making the best effort to communicate with
the Customer within receiving 70% of the share, the Company will not be liable
for any damages or losses incurred as a result of access to the integrated CPU.
The Company reserves the right to require changes or
cancellations as required by any website, hosting account, email account,
database, or other components that do not comply with these established
policies or to make any such changes in an emergency at its discretion and
without prior notice.
The Company will not be liable if any part of the Customer’s
account or website does not comply with any system updates and any loss or
damage arising from it. The Company reserves the right to waive any kind of
liability, in the event that the provision of a provided server does not comply
with any application requirements or module / component requirements. The
Company cannot be held liable for any loss of opportunity, mental injury or
loss of profits arising from it.
Cancellation of Services, Refund Policy, and Compensation
Plan
Requests for cancellation of payments must be submitted
before 11:59 AM EDT the day before the renewal date. All payments made after
this period are considered non-refundable. If the Customer fails to comply with
this requirement, the Company reserves the right to suspend its account until
the renewal payment is received.
All Shared and Cloud Hosting packages come with a 27-day
money back guarantee. For full refund the customer must provide a valid reason
for showing our server problem and service issues. All upgrades are
non-refundable and renewal payments are not covered by a refund guarantee.
If a free domain name is registered, in addition to
canceling the hosting package at the time of refund the registration fee is
reserved, the amount may vary based on domain extensions.
General Reimbursement Policy for Extra Services (Extra Services General Refund Policy)
All additional services, if not specifically stated, are
subject to a specific fee, for a specific period, and for the Company ‘s
Customer Service. All additional services are not subject to a refund, in the
event that they are used in an account and the Customer has taken advantage of
them.
Payment and Renewal Policy
The Customer understands and agrees that its services to the
Company will be subject to bill on the
repeated basis until the Customer notifies the Company that he or she
wishes to cancel any or all of the services provided by submitting an
Cancellation Claim form.
All renewal payments are not eligible for a refund and it is
the sole responsibility of the Customer to ensure that their payment details are
kept up to date, as well as all invoices paid on time.
Technical
support policy
To the fullest extent applicable under national law and
without prejudice to your rights as a consumer, all support is provided as it
is and subject to the disclosure clause,
warranties and limitation of liability set out in this ToS. Although we will use reasonable
efforts to provide you with technical support and to perform any request you
request in a timely and professional manner, we cannot guarantee the outcome
you expect or that the problem may not recur. We reserve the right to refuse to
provide you with technical support if your use of technical assistance exceeds
that of customers, or if you insult our employees or contractors. We may refuse
to make any application that requires changes that are not in accordance with
the Services or are not related to it or that may pose a security risk or
endanger their operation.
Telephone Support Team of
Protozoa Host has a limited level of access to the system so it can only
help with problems within it. The highest level of access to the system is only
available to employees with Technical Support tickets and therefore requires
you to submit a ticket from your account. The Phone Support Team operates on business hours only. Whereas the technical support via online
ticketing system will be available 24/7.
The customer can only request enhanced technical support by
opening a ticket through the ticket system available in the client area. The
company will not be liable for the provision of technical assistance if
requested in any other way, other than in the ticket system.
Customer acknowledges that by requesting our technical
representatives for technical assistance, they authorize their access and operation in the Customer
hosting account, cPanel and / or Client Area. If you request technical support,
you agree that we may have full access to all of the Operating features
available to you based on your request. You are solely responsible for any
changes you make to your account after you have completed your request. The
Company cannot and will not be liable for any delays or increased costs or
costs associated with the Customer’s failure to provide any such information.
The Company will do its utmost to provide the required
technical support within the Customer’s timeframe and to obtain the required
results for each request. The Company, however, is not responsible for
completing the Technical Support requested for any deadline or for achieving
any outcome.
The Company provides technical assistance to the benefit of
the Customer and does not guarantee the successful outcome or outcome of any
requested operation. The customer agrees to accept technical support in its
sole discretion and commitment.
Customer should not abuse the ticket system. The misuse of
the ticket system includes, but is not limited to, excessive number of tickets
opened by a single Customer, aggressive and / or abusive behavior, etc. Any
abuse of the ticketing system may result in warning, ticket system access
restrictions, suspension of account or termination of a holding account that
may occur without refund.
The company reserves the right to determine what constitutes
a violation of the ticketing system and to spend extra money, depending on the
frequency of requests. No further revenue will be generated from this document.
Additional funds form the basis for the “demand” of representatives of the
Company. If an additional payment for a particular service is requested, no
service will be provided by the Company prior to payment of the invoice fee.
Any additional fees paid by the Customer for technical support are not
refundable.
Termination
Any organization may terminate this ToS with written notice
to the other party if one party violates any of the terms of this ToS and the
infringing party fails to remedy the violation.
You can disconnect Services at any time by using the Client
Location (Cancellation Request). We will send you an email confirmation to
confirm that you have completed your cancellation request. If you do not
complete all the steps of the cancellation request, or if you fail to apply the
cancellation request to terminate the services, the plans will not be
terminated, and fees will still be charged. You must follow this process to disconnect
each Service. Once you have completed the Cancellation of the Application, we
will process and refund you, if applicable as stated in the Refund Guarantee.
It is important to understand that certain Services are
integrated together. As a result, termination of Services that provide hosting
may result in immediate termination of many aspects of the Services. We may
store data from disconnected accounts for some time after the termination and
give you access to that data upon request. IP addresses, space, and cache copy
(including Cached Duplicate Services data) are being reused. It is your
responsibility to ensure that you plan to transfer anything you need from the
Services before termination.
Customer cancellation of service
All services provided by the Company may be canceled by the
Customer. Only Client Applications submitted are considered valid and will be
reviewed by the Company.
There are two stages of cancellation: initiating a
cancellation application and confirmation of a cancellation request. The
Company will proceed with the cancellation application only after it has been
verified by the Technical Professionals and the reason for that. If our
technical staff find cancellation as unfounded as a network problem then the
cancellation request will be deemed null and void and will be deleted.
Cancellation becomes effective in accordance with the
Customer’s choice of time through the cancellation process.
As soon as the cancellation goes into effect, the Customer’s
account will be suspended immediately. Customer acknowledges that the Company
retains a copy of the canceled account for a period not exceeding 15 (fifteen)
calendar days after the commencement of cancellation. Within 15 (fifteen) days
after the cancellation is effective any information or data in the account will
be deleted, including: canceled account, all backup copies and any other
account information or data.
After the cancellation takes effect the Company will not be
held liable for data loss due to suspension or termination.
Payments made to the Customer with the hosting account (s)
will be reimbursed except for setup and processing fees paid during the
registration process only during the Refund Period. The setup and processing
costs payable when you register are not refundable.
Requests for cancellation of payments must be submitted
before 11:59 AM EDT the day before the renewal date. All payments made after
this period are considered non-refundable. If the Customer fails to comply with
this requirement, the Company reserves the right to suspend its account until
the renewal payment is received.
All shared packages and Cloud Hosting come with a 27-day
money back guarantee. Empty Steel Servers, Additional Services, and Domain
Names are not subject to a refund. All upgrades are non-refundable, renewal
payments are not covered by a refund guarantee.
If a free domain name is registered, in addition to
canceling the hosting package at the time of refund the registration fee is
reserved, the amount may vary based on domain extensions.
Cancellation of
service by Company
Any of the Company’s services may be canceled by the Company
without prior notice and without refund in the event that the Company deems it
to be honest that the Customer’s use of the Service is in breach of our Terms
of Use. The company cannot be controlled for data loss once a cancellation has
been made.
The Company may also cancel any of the services provided, if
the Company honestly determines that this service is ineffective or ineffective
for any technical, legal, trust, legal or other reason, by giving or without
giving the Customer prior notice. as is logically possible.
The services used by the Customer may be canceled for any
reason or not by the Company with prior 7 days notice. After 7 days the Customer
Account will be terminated and the Customer will be given access to a backup
copy of the Customer’s account content from the date of termination. These
backup copies will be available in no more than 7 days. Upon the expiration of
the 7-day period for access to the backup copy, all backup copies and any other
information or data associated with the account will be deleted from the
Company’s servers.
If the reason for the cancellation of the Service by the
Company is different from the violation of the Terms of Use by the Customer,
long-term refund will be issued by the Company for each month in which the
account is paid in advance and will not be used by the Customer. The
calculation of the refund will be done by multiplying the number of unused
months with a prepaid monthly payment as it is the Customer payment cycle. The
company will offer several options for a refund; It is still the sole
responsibility of the Customer to provide the information required to obtain a
refund.
Customer agrees that if the reason for the cancellation of
the Company’s service is in breach of the terms of use by the Customer, refund
will not be paid by the Company.
Forced Service Cancellation
Any services provided by the Company may be forcibly
canceled, in the event that they are no longer available which may or may
directly harm the Company’s interests.
In the event of a compulsory cancellation of a service, the
Customer agrees that all hosted content, including copyright and intellectual
property, is transformed into the Company’s immediate assets, which it uses to
cover additional or previous costs related to the services provided thereby, by
creating auction or donation.
Actions, which directly harm the Company’s best interests
include, but are not limited to: refunds, fraudulent activities on behalf of
the Company, false claims against Company services, agents, other Customers or
partners.
Price Change
The Customer must pay the applicable fee at the time of
registration / renewal date. The Company reserves the right to change prices
from time to time and the Customer will be charged based on current renewal
rates for the next payment cycle. The alternative applies if the Customer or
such party has a written agreement with the Company’s Payment Department.
———————————————————————————————–
Email Policy:
* Use of email clients with IMAP protocol is allowed in
mailboxes up to 750 MB in Enterprise package, 550 MB for one business, and 350
MB for Launcher. If the use of an IMAP protocol with a larger mailbox occurs,
it may be considered a risk to the whole server and stability and be marked for
review and / or suspension by the Company without prior notice.
* No more than 10 simultaneous IMAP connections to hosted
servers are enabled. Skipping this assignment may result in the marked service
being reviewed and / or suspended by the Company without prior notice.
* The total number of email messages, sent in requests,
texts, webmail or email clients, should not be more than 400 emails per hour
per hosting account. If the account is found to be in excess of the above
amount, it may be considered endangering the overall server performance and
stability and be marked for review and / or suspension by the Company without
prior notice.
The total number of email messages that can be found in all
email accounts in the Customer hosting account per minute, should not exceed 80
messages per minute. If an account is found to be receiving more than 80
messages per minute, it may be suspended or its MX records redirected, in order
to maintain normal server performance and stability. In addition, the total
number of recipients for a single email message should not exceed 15.
The Company is not liable for any loss or damage incurred
including but not limited to: email delivery failure, email loss, emails marked
as spam, etc .; during or due to the expiration of the server or email service,
regardless of cause, duration and duration of the specified rest period.
Customer acknowledges that the Company is unable to
guarantee that any email message will be sent to or from a specific mailbox due
to the type of email service and because the Internet is not owned and
controlled by any legal entity. Use of the email service provided by the
Company is made “as it is, as it is available” and is used at the discretion of
the Customer.
Intellectual Property Rights and Other Permissions
Protozoa Host
retains ownership of all intellectual property rights in systems. Protozoa Host grants you a
limited license to access and use the services.
All trademarks, product names and company names or logos used by Prabh Host are
the property of Protozoa Host or the
property of their respective owners. No Privacy Policy is granted to you or
your affiliate company to use any such trademarks, brand names, company names,
logos or titles, and you agree that such use constitutes infringement of the
copyright.
If we have not given you a license to use the software as
part of the Services, you agree to obtain the appropriate licenses to use all
“License Required. “Required Licenses” means any licenses,
permissions or authorizations required for the use of software, software and
other applications for the use of the Service. You agree to provide us with
copies of the Required Licenses immediately following our written request.
You are solely responsible for the acquisition of all
intellectual property rights of others, including, but not limited to, the
approvals and / or other permits and authorizations required to use the words,
marks or other materials used, or distributed through, Services (Objects). In
the event of any dispute between you and any other person or organization
regarding the Intentions, the Prosecutor reserves the right, at its discretion
and without notice or liability to you, to refrain from any other use of such
Items which includes, without limitation, termination. or suspend them from
their computer programs and / or make appropriate representations or provide
information to any relevant authority or interested party.
Warranty
disclaimer
The promoter of this service rejects any warranty or
condition relating to the quality, performance or performance of the services
and software, or in respect of the quality or accuracy of any information
obtained or obtained through the use of the software, or that the services and
software will be dangerous,
services and software may contain errors. No
advice or information provided by Protozoa
Host representatives or Protozoa
Host includes, without limitation, subscriber support representatives,
they will create a warranty. The host removes all warranties or conditions,
express, implied or legal, including, without limitation, warranties of
merchantability.
The customer
agrees to use all services and any information obtained by the company or from
the company, at his own risk. The
customer agrees that the company
is not in control, and does not accept responsibility, for the content of the
information passing through the company’s computers, network locations and
locations or the Internet.
Liability Limit
The Customer acknowledges that, to the maximum extent
permitted by applicable law (if any), it will not, under any circumstances,
including, but not limited to— negligence, hold the Company or its licensees,
agents, employees, managers and / or third party, affected merchants liable for any indirect, hazardous, special,
subsequent or punitive damages or any other including, but not limited to —
damages for lost profits, cost savings, revenue, revenue, business, data or
use, and any other financial losses by you or any third party party.
No matter what happens, the Company will be collectively
responsible to the Customer for any breach, failure or credit claims under this
document or under any document greater than the direct monthly payment by you
to us prior to the old claim on such obligation. Certain authorities do not
allow the limitation or termination of a legal obligation for accidental or
consequential damages. The Customer agrees that in those areas, the Company’s liability
will be limited to amount not greater than the exact monthly fee paid as per
the hosting plan used.
Indemnification
The service using subscriber,
agrees to protect, compensate and hold Protozoa Host, its partners and
sponsors, partners, other relevant partners and directors, officers and
employees of each harmless and against any and all claims, losses, damages,
liabilities and costs (including , without limitation, applicable attorneys’
fees and court costs) arising from or relating to your violation of any of
these Terms or any use by you or any third party Services, unless the above is
a direct result from Protozoa or gross negligence of the company or willful
misconduct.
Monitoring and Disclosure
All activities that take place, within, and / or by the
Services and any website hosted by the Protozoa
Host may be monitored, recorded, and monitored by any authorized person,
including law enforcement. Generally, Protozoa
Host does not analyze and monitor
its Subscriber websites or services in order to determine whether they comply
with these Terms. However, whenever and in the event the Prosecutor manages any
violations of these Terms, the Prosecutor may take any legal action, and in the
event of an unlawful activity, he will take action, suspend or remedy such
breach, including, but not limited to, closing a website, denying access
through Protozoa Host, and / or
deleting incompatible information. In addition, the Prosecutor may take any
legal action against the Registrar, sponsor, customer, invitee, guest, or guest
of the Registrar for their services. Protozoa Host reserves the right to take
any such action although such action may affect other subscribers, sponsors,
customers, invitees, guests, or visitors to the Subscribers. Protozoa Host may
disclose any information contained in it, including, without limitation,
information about subscribers, online submissions and website activity to
comply with court order, summons, summons, application for acquisition,
warranty, law, law, government application, or another legal process to protect
Protozoa Host or others from damage, and / or to ensure the proper functioning
of the Services.
Accurate Account Information
The subscriber should continue to update and maintain
accurate and up-to-date contact details which
is stored in the Protozoa Host to avoid termination of
the subscriber(s) Protozoa Host account.
Dispute Resolution and Legal Choices
This agreement shall be governed by the laws of the jurisdiction
of the Nepal, whichever is
applicable, without regard to the principles of conflict of law. You agree that
any action relating to or arising out of this agreement shall be brought to the
appropriate courts, and you thereby agree to follow the rules and law stated by the Government of Nepal.
Force majeure
You acknowledge and agree that we will not be liable for any
failure or delay in performing our due duties here arising from any reason
beyond our control, including but not limited to, acts of God, acts of civil or
military authorities, fires, wars. , riots, earthquakes, hurricanes, typhoons
and floods.
Enforcement
In the event that any provision of these Terms of Service is
unenforceable or illegal under any applicable law or is thus enforceable by a
valid court decision, such enforcement or non-compliance will not make this
Terms of Service binding or invalid. We will amend or substantiate that
principle to be effective and efficient and to achieve, as far as possible, our
real intentions and purpose as set out in the original provision.