Terms of Service
Terms Of Service:
Customer Agreement:
The TOS apply to all Services provided by ProtozoaHost to you throughout the entire Term or Renewal Term. All customers should agree to all terms and conditions stated prior to signing up for any of the hosting plans and services mentioned on ProtozoaHost.com. You shall agree to use only licensed and legal third-party software in connection with your use of our services. ProtozoaHost reserves the right to suspend or cancel a customer’s access to any or all services provided at any time or when ProtozoaHost decides that the account has been inappropriately used or otherwise.
1. Content
ProtozoaHost reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only.
Transmission, storage, or presentation of any information, data, or material in violation of any applicable law or regulation is prohibited.
The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.
Topsites, Ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high-yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
Website content that promotes or advocates human trafficking in any way, shape, or form as determined by ProtozoaHost’s sole discretion, sites that promote prostitution, or escort services.
Any website found to host child pornography, link to child pornography, or exploitative content will be suspended immediately without notice or warning.
Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of ProtozoaHost.
Embedding or uploading audio/video/high-resolution images on the website or linking to other websites that promote audio/video/high-resolution images.
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, and encrypting of any of the above. It also includes any sites that provide “links to” or “how-to” information about such material.
Games – We strictly do not allow hosting any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming-related stuff in your hosting account.
IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or Virtual hosting accounts found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
ProtozoaHost reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.
Refer to the General Acceptable Use Policy for complete details on prohibited content and activities.
In compliance with the DMCA act, ProtozoaHost has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected].
2. Abuse Of Resources
Any attempts to compromise or actually compromise a network device belonging to Protozoa Host Pvt. Ltd. or any other company, individual, or entity are strictly prohibited. This offense includes port scanning, IP range scanners, and vulnerability scanning. All infractions or suspected infractions will be thoroughly investigated and may result in immediate termination of service.
Denial of Service (DOS) attacks directed at Protozoa Host or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Hosting any software, source code, or material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes, but is not limited to, software exploits, exploit source code, hacking tutorials, hacking tools, viruses, Trojans, bomb-making, and similar device tutorials. All infractions or suspected infractions will be thoroughly investigated and may result in immediate termination of service.
The hosting of material that infringes on any copyright, trademark, and/or service mark is strictly prohibited. This includes the storage and transmission of pirated movies, music, software, ringtones, or anything else considered “Warez.” Any authentic complaint received will be investigated, and may result in termination of service.
The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any attempts to undermine or cause harm to any of our servers are strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and takes no action to desist from such activity may be deactivated without any refund.
Any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites may be offered new terms (i.e., an upgrade). Although we strive for 99.95% uptime, we cannot fully guarantee this due to the updates and upgrades we carry out, which are part of our maintenance.
If any client is in any way disrespectful towards any member of the Protozoa Host staff, we have the right to remove them from our services without any refund.
3. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
Use of our service to transmit any unsolicited commercial or unsolicited bulk email is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
Upon notification of an alleged violation, we will initiate a full-scale investigation, during which we may restrict the customer’s access to the network to prevent further violations.
If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend, or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended, and an administrative fee of NPR 25000 will be charged to your account.
The account will not be unsuspended until you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning, and your account will be reviewed for possible immediate termination. A second violation may result in immediate termination of your account, and the administrative fees will be NPR 50000. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
We have a zero-tolerance policy for the use of our service towards posting messages or commercial advertisements that violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason whatsoever.
4. Bandwidth
5. VPS
We generally recommend a control panel to manage and operate the VPS at Protozoa Host Pvt. Ltd. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts, and other such activities pertaining to the configuration of such VPS themselves. The support team at Protozoa Host Pvt. Ltd. will not be responsible for this.
6. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
Spamming, sending unsolicited emails from our servers, or using email addresses that are maintained by Protozoa Host Pvt. Ltd. is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Protozoa Host Pvt. Ltd. would be the sole arbiter as to what constitutes a violation of this provision.
In order to ensure that our servers give us optimum performance, we have set limits on the number of outgoing mails which can be sent per domain per hour. The defined numbers here are the maximum limits of the highest plan of that service; if you choose a lower plan, the number of outgoing email limits may vary. Shared customers would be allowed to send up to 100 outgoing mails per hour, reseller users up to 25 mails per hour, while VPS/cloud customers would be able to send 1000 outgoing mails every hour. Customers having dedicated servers may send 3000 mails per hour.
We do not guarantee Inbox email delivery with any of our hosting plans.
7. Backup Policy
Your use of the Services at Protozoa Host Pvt. Ltd. is at your sole risk. You agree to back up all of your User Content so that you can access and use it when needed. Protozoa Host Pvt. Ltd. does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You, as a Protozoa Host Pvt. Ltd. user, agree that in no case, Protozoa Host Pvt. Ltd. can be held responsible for the loss of data in any circumstances.
Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of the database with a retention period of 7 days. Website backup will be taken weekly with a retention period of 1 day. Any backup copy maintained by Protozoa Host Pvt. Ltd. will not have any emails or media files included in it.
Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.
8. Domain Payments
Domain Registrations: No refund is applicable once the domain is registered at Protozoa Host Pvt. Ltd.
Domain infringement: You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Examples: daraz.com.np, gyapu.com.np, gyapumarketplace.np.
Domain Renewal: We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, Protozoa Host Pvt. Ltd. is not responsible. Once a domain is renewed, no refunds will be given.
9. Unlimited Hosting
At Protozoa Host Pvt. Ltd., “Unlimited” means that we do not set a specific limit on the amount of bandwidth, websites, or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, if your service usage or content poses a risk to the stability, performance, or uptime of our servers, data storage, networking, or other infrastructure, we may require you to upgrade to a VPS or take action to restrict the resources your website is utilizing.
What “Unlimited” DOES NOT mean:
Protozoa Host Pvt. Ltd. employs complex mechanisms to protect its hosting Subscribers and systems from abuse. Our “Unlimited” hosting offering is not intended for single or few hosting Subscribers to unfairly or adversely impact the experience of other hosting Subscribers. Our service offers shared hosting, which means multiple hosting Subscriber websites are hosted from the same server and share server resources. The service is designed to meet the typical needs of small and medium-sized businesses globally. It is NOT intended to support the sustained demand of large enterprises or non-typical applications better suited to a VPS or dedicated server. Protozoa Host Pvt. Ltd. will make commercially reasonable efforts to provide additional resources to Subscribers using their website(s) in compliance with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, we have automated safeguards in place to protect against any website growing too quickly and negatively impacting the system until we can evaluate said site’s resource needs.
Unlimited Hosting Space; Excessive SQL Database:
Protozoa Host Pvt. Ltd. does not set specific limits on the amount of disk space a hosting Subscriber can use for their website, nor do we charge additional fees based on increased storage usage, provided the hosting Subscriber’s use of storage complies with these Terms. However, our service is not intended for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spiders, indexers, IRC, torrents, file sharing, peer-to-peer activities, testing environments, etc. Any such prohibited use of the Services will result in the termination of the hosting Subscriber’s account, with or without notice. Accounts with an excessive database size (i.e., more than 1 GB) may negatively affect server performance. Protozoa Host Pvt. Ltd. may request the database size to be reduced to ensure proper performance or may disable the Subscriber’s account, with or without notice. Hosting Subscribers can create multiple databases; however, the size of each database should not exceed 1 GB.
Unlimited File Transfer:
Protozoa Host Pvt. Ltd. does not set limits on the amount of visitor traffic a website can receive or on the amount of content a hosting Subscriber can upload to their website in a given month, nor do we charge additional fees based on increased bandwidth use, as long as the hosting Subscriber’s use of the Services complies with these Terms. In most cases, a hosting Subscriber’s website will be able to support as much traffic as they can legitimately acquire. However, Protozoa Host Pvt. Ltd. reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other hosting Subscribers.
Unacceptable Resource Usage:
Certain activities are considered unacceptable and may lead to account suspension or termination:
1. Running cron entries with intervals of less than fifteen (15) minutes.
2. Running any MySQL queries longer than thirty (30) seconds.
3. Using twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
Email Usage:
The size of each mailbox should not exceed 5GB, and the combined mailbox size per domain should not exceed 50GB. This applies to WordPress hosting, Business hosting, Linux & Windows based shared hosting plans.
Please note that “Unlimited” usage policies and definitions apply only to shared and reseller hosting accounts. For more details, you can refer to our unlimited hosting policy.
10. Permitted CPU and Disk Usage
The space on the Shared hosting server at Protozoa Host Pvt. Ltd. can only be utilized for web files and hosting a user’s website. This space should not be used for media storage or for storing other data, such as electronic files, website backups, FTP hosting, or for demo purposes. Protozoa Host Pvt. Ltd. reserves the right to inspect every shared hosting account for extra utilization of disk space, CPU, and other resources that may violate this Agreement or the Acceptable Use Policy (AUP).
We may terminate access to the Services at our sole discretion, or takedown or erase User Content for those accounts considered to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage limits will depend on the amount of resources allocated to the plan that you have purchased.
11. Reseller Terms and Client Responsibility:
Using a shared hosting account to resell web hosting to others is not allowed at Protozoa Host Pvt. Ltd. Reseller hosting plans are to be considered if you want to become our reseller.
Resellers must ensure that each of its clients follows this Agreement.
Resellers are entirely responsible for supporting their clients, including customer service, billing, and technical support. Protozoa Host Pvt. Ltd. is not liable to provide support to Reseller Users. Any assistance needed for the client’s issue must be reported by the reseller on the user’s behalf.
Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their users. We may hold any reseller responsible for any activity from their client’s account that violates the law or this Agreement.
Protozoa Host Pvt. Ltd. shall not be held liable for the acts or omissions of our resellers. The reseller hereby promises to indemnify Protozoa Host Pvt. Ltd. against any and all claims brought by any customer resulting from the actions or omissions of the reseller.
Protozoa Host Pvt. Ltd. retains the right to review our Reseller plan anytime necessary. Changes shall take place as posted publicly or at any later date as Protozoa Host Pvt. Ltd. can designate.
12. The Company as Reseller or Sublicensor
We may use certain third-party services, hardware, software, and equipment and act as a reseller or sublicensor.
We are not liable for any modifications to the Services that cause any Resold Products to become outdated, including improvements or adjustments that may affect the performance of the services.
Any failure or defects of Resold services, whether sold, sublicensed, or provided to you by us, shall not be considered a violation of Protozoa Host Pvt. Ltd.’s obligations under this Agreement.
Any rights or claims you may have concerning the ownership, licensing, performance, or infringement of any Resold Product shall be limited to those rights which the manufacturer of such Resold Product extends to you.
You are authorized to use any Resold Product that we provide only for your use of the Services as permitted under this Agreement.
No attempt shall be made to clone, modify, reverse engineer, tamper with, or use any Resold Product other than in connection with the Services.
13. Uptime Guarantee
Any service interruptions or downtime due to scheduled maintenance by Protozoa Host Pvt. Ltd. or our network providers will not count towards the uptime guarantee.
Protozoa Host Pvt. Ltd. is not liable in any way for the failure of third-party services.
Protozoa Host Pvt. Ltd. will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike, or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption, or delay in telecommunications or third-party services (including DNS propagation), failure of third-party software or hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for the provision of the Services.
14. Account Security and Company Systems
You are responsible for any misuse of your account; therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
Attempting to obtain another user’s account password is strictly prohibited and will result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.
You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. Protozoa Host Pvt. Ltd. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
It is your duty to make sure all the programs/scripts installed under your hosting account are secure, and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks, and network devices are provided only for authorized customer use. We may, but are not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied, and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third-party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean up your account for an additional fee.
We reserve the right to migrate your account from one data center to another to comply with applicable data center policies, local law, or for technical or other reasons without notice.
15. Billing Policy
If paying via credit card, debit card, net banking, PayPal, the account will be set up immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash, your account will be set up on the same day.
The 30-day money-back guarantee is only applicable for first-time signups at Protozoa Host Pvt. Ltd. Second time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, canceled, and signed up again, you will not be eligible for a refund, or if you have opened a second account with us.
Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365, and any other paid licenses.
The modifications done in pricing pattern or policy by the software license company will take effect immediately on Protozoa Host Pvt. Ltd. clients.
The money-back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting, and Email hosting.
No refund will be made if your Service(s) are suspended or terminated for cause.
There is a limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported, and it won’t be possible to upgrade the kernel or change BIOS settings. Kernel upgrade is possible on KVM Cloud instances, but you cannot change the BIOS settings. You won’t be eligible for a refund in such cases.
The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges, or any kind of payment processing charges or bank fees. There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usage or after the 30-day period or beyond coverage of our refund policy as noted here.
Shared Hosting:
Master & Expert / W-Prime & W-Multi Plans: 1 free .COM domain is offered with the purchase of every new Master/Expert or W-Prime/W-Multi plan for 1/3 years. You may transfer your existing .com domain under this offer. The domain name will be free for the first year, and renewal charges will be applicable from the second year.
You must add the domain name into your cart with the hosting plan. You cannot claim the free domain later.
If the web hosting service includes a free domain name, and you cancel the web hosting service, the domain charges (standard rate as per the website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Protozoa Host Pvt. Ltd. if you fail to pay the difference amount.
Transfer fees would be applicable if you wish to transfer the free domain name to some other provider. Without transfer fees, the domain will not be released.
One free WHMCS Starter or ClientExec license is included in the reseller hosting plan (Pluto/Mars/Jupiter). WHMCS starter license allows you to manage up to 250 clients. You can upgrade the WHMCS license from us by paying the appropriate license cost. If the reseller hosting plan is canceled within the first 30 days, then WHMCS Starter or ClientExec license cost will be deducted from the refund amount.
The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.
The refund request placed after 30 days will not be processed, and you will not be eligible for any refund.
The cancellation request should be sent through the client area.
After sending the cancellation request, it would take 14 days to complete the refund process.
16. Cancellation Process
At any point in time, if you wish to discontinue our services at Protozoa Host Pvt. Ltd., you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.
It is your responsibility to back up all your data before you place the cancellation request. Once you place the cancellation request, all your data from our server will be deleted, and it cannot be retrieved nor restored.
17. Late Payment or Non-Payment
Unpaid invoices may result in the suspension or termination of your web hosting account at Protozoa Host Pvt. Ltd. Your suspended account will only be restored after clearing the outstanding invoice, after which you will be able to access your data.
If your account gets terminated, the data residing on it won’t be restored and will be treated as a new account. If you fail to renew your subscription on time, you will be charged on your invoice.
We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
18. Invoice Disputes
For any queries related to cost on your account, do reach out to our billing team at [email protected].
19. Account Termination
Your hosting account at Protozoa Host Pvt. Ltd. can get terminated due to the following reasons:
1. You decide to discontinue:
At any point during your subscription, if you no longer want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours.
2. Cancellation upon expiration:
If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date).
3. You did not renew:
In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 48 hours (after the expiration date).
4. You violate our Terms of Service:
If you violate our terms of service during your subscription period at Protozoa Host Pvt. Ltd., it will result in immediate account suspension and termination. As soon as we’ve been notified about the violation of service, we would usually take instant action.
5. Potential fraud:
We have an anti-fraud system that monitors all orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided, the account suspension and termination will be done immediately.
6. A Dispute or ChargeBack:
During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with Protozoa Host Pvt. Ltd. before the termination occurs. If still, it remains unsolved, termination of your hosting account will take place.
Note: It is advised to maintain a backup copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server once your hosting account is terminated, and Protozoa Host Pvt. Ltd. shall not be liable for the same.
20. Indemnification
The customer agrees to protect, indemnify, save, and hold Protozoa Host Pvt. Ltd. harmless from any and all stipulations, liabilities, losses, expenses, and claims, including reasonable attorney’s fees, assessed against Protozoa Host Pvt. Ltd., its agents, customers, officers, employees, and administration that may arise or result from any service provided, performed, or agreed to be performed or any product sold by its customers, agents, employees, or assigns.
The customer agrees to defend, indemnify, and hold Protozoa Host Pvt. Ltd. harmless against liabilities arising out of:
- Any injury to person or property caused by any products sold or distributed in association with Protozoa Host Pvt. Ltd.’s Services.
- The loss of any electronic files furnished by the customer (or customer’s customer).
- Copyright violation and any defective products sold to a customer from Protozoa Host Pvt. Ltd.’s Services.
21. Limitation of Liability
To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not, under any circumstances, including negligence, hold Protozoa Host Pvt. Ltd., its officers, directors, employees, licensors, agents, subcontractors, and/or third-party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer or third parties. This includes damages for loss of profits, cost savings, revenue, business, data, or use, or any other pecuniary loss that may result from:
- Delays, malfunctions, suspension, and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third-party conduct/acts, including Protozoa Host Pvt. Ltd.’s licensors and suppliers, faults, and malfunctions of the machines, software, and other equipment, whether owned by us or our licensors/suppliers).
- Acts and/or omissions made by Customers in contrast with the obligations undertaken under these TOS.
- Data loss due to hardware or software failure.
- Any information, data, content in, or accessed through the Services.
- Any action, information, or instruction provided as part of our technical support Services.
- Your use of the Service(s).
You agree that the foregoing limitations apply whether based on warranty, contract, or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law, and your rights as a Consumer will not be affected.
22. Dispute Resolution. Jurisdiction
In the event of any dispute, controversy, or claim arising out of or related to this Agreement, you and Protozoa Host Pvt. Ltd. shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate with each other with the aim to reach a solution satisfactory to each Party.
All disputes and other matters relating to the interpretation and enforcement of these TOS, as well as any other document entered into by the Parties, shall be governed by the laws of Nepal.
23. Certain Services; 404 Error Page
If you haven’t set up a custom 404 page, our default 404 error page will be displayed when a visitor tries to access a URL with no content. By not creating a custom 404 page, you hereby authorize Protozoa Host Pvt. Ltd. to use its default 404 error page. This page may include advertisements and information about Protozoa Host Pvt. Ltd. and its services. As a company, we reserve the right to retain and collect all revenue generated from these advertisements.
24. Price Change
The costs of our services may vary periodically based on the pricing set by our partner license providers and domain registrars. As authorized partners of multiple vendors, we are subject to their pricing structures, and any changes they implement may require us to adjust our service prices accordingly. It is essential for you to regularly review your billing information to stay informed about any potential changes in pricing and avoid any unexpected surprises. For any inquiries or concerns, please contact us at [email protected].
25. Third-Party Beneficiaries
This Agreement is intended to solely benefit the Parties involved and their respective successors and authorized assignees. However, the customer acknowledges that any third-party provider of goods or services, as described in the contract definition, is considered a designated third-party beneficiary. As such, these third-party providers have the explicit right to enforce the terms and conditions that apply exclusively to their goods or services.
Please note that when purchasing any third-party product or service from ProtozoaHost, you are also bound by the terms and conditions of that specific third-party provider. For more information about the terms of these third-party products or services, you can refer to the following links:
– DigitalOcean: [https://www.digitalocean.com/legal/terms-of-service-agreement/](https://www.digitalocean.com/legal/terms-of-service-agreement/)
– AWS: [https://aws.amazon.com/service-terms/](https://aws.amazon.com/service-terms/)
– WHMCS: [https://www.whmcs.com/terms-of-service/](https://www.whmcs.com/terms-of-service/)
– Office 365: [https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/default](https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/default)
– G Suite: [https://policies.google.com/terms?](https://policies.google.com/terms?)
– Spam Experts: [https://www.spamexperts.com/software-services-agreement](https://www.spamexperts.com/software-services-agreement)
– LiteSpeed: [https://www.litespeedtech.com/docs/webserver/license-enterprise](https://www.litespeedtech.com/docs/webserver/license-enterprise)
– cPanel & WHM: [https://cpanel.net/legal-notices/](https://cpanel.net/legal-notices/)
– Webuzo: [https://webuzo.com/license/](https://webuzo.com/license/)
– Plesk: [https://www.plesk.com/legal/](https://www.plesk.com/legal/)
– Softaculous: [http://softaculous.com/softaculous/tos](http://softaculous.com/softaculous/tos)
– BitNinja: [https://bitninja.io/terms-and-conditions/](https://bitninja.io/terms-and-conditions/)
– ESET: [https://www.eset.com/us/software-eula/](https://www.eset.com/us/software-eula/)
If you have any questions or concerns, please don’t hesitate to contact us at [email protected].
26. Change of TOS
ProtozoaHost reserves the right to make changes to these Terms of Service (TOS) at any time, and such modifications will be effective immediately. If the alterations are legally required or involve the addition of new services or enhancements to existing ones that do not diminish your rights or increase your responsibilities, the TOS will be updated without prior notice.
Please note that any clarifications or explanations provided by either party will not alter the provisions of these TOS.
For any inquiries or clarifications, feel free to contact us at [email protected]
