Terms of Service
Updated on July 27th, 2023.
Welcome to Hostcode! The following Terms of Service (“TOS” or “Terms”) govern your use of our website and all services, features, and content provided by Hostcode. Hostcode is the trade name of Hostcode Lab Technologies OPC. Pvt. Ltd. By purchasing one or more Services from Hostcode, you declare that you have read, understood, and agree to be bound by these TOS. The latest version of our TOS is always available on the Hostcode website. It is essential to read this TOS before purchasing any Service(s) from Hostcode.
Agreement and Addendums: By using our services, the Client agrees that this Agreement, along with any Addendums and related Service Orders incorporated herein by reference, constitute the complete Agreement between the parties regarding the subject matter hereof. This Agreement supersedes and replaces any prior or contemporaneous discussions, negotiations, understandings, written or oral, regarding such subject matter.
Termination: Hostcode reserves the right to terminate this Agreement immediately and without notice if the Client violates its terms, our Acceptable Use Policies (AUP), our policies, or any applicable law.
By using services from Hostcode Lab Technologies OPC. Pvt. Ltd. [hereafter referred to as “Hostcode”], you signify your Agreement to these terms.
1. Ordering Services at Hostcode
a. Client Account
To order Hostcode services, the Client must complete the online signup process located at Client Portal. The Client must provide an email address that is not associated with the domain(s) they are signing up under. The primary email address on file will be used for communication purposes and in case of any abuse issues that need to be addressed. The Client is responsible for ensuring that the email address on file is always current and up-to-date.
b. Order Acceptance / Email on File
All orders are subject to acceptance by Hostcode. While we aim to accept all reasonable orders, we reserve the right to refuse any order at our discretion. If an order acceptance is delayed or declined, we will notify the Client via email.
c. Invoicing / Payment / Service Activation
1.C )General: The Client agrees to pay all charges in advance for the selected Service as indicated in the Customer Order Information form, including monthly fees, additional product charges, and optional charges incurred. Your account will be set up after receiving payment and screening the order(s) to prevent fraud.
Payment is due upon invoicing. Accounts that reach three days past due may experience service interruption. Unpaid accounts that are not collectable may be handed over to an outside collection agency. It is the Client’s responsibility to ensure timely payment and keep their payment information up to date.
2.C) Order Acceptance: Services are activated after payment is received and orders are screened to prevent fraud. While we strive to set up services promptly, setup time is not guaranteed during outside office hours and on weekends. No refunds will be granted due to setup delays caused by reasons beyond our control.
3.C )Fresh Order: Instant invoices are generated during the order process, and payment is expected within three days. Unpaid orders are automatically canceled after the third day, and new orders must be placed later.4.C)
4.C) Existing Service: Invoices are generated seven days prior to the due date, and a copy is sent to the Client’s registered email in the Client Zone. Accounts that reach one day past due may experience service interruption. Unpaid accounts that are not collectible may be handed over to an outside collection agency.
a. Domain Registrations: No refund is applicable once the domain is registered.
b. Domain Infringement: Registering a domain name similar to a trademarked domain or a domain similar to a brand providing similar goods or services is prohibited and considered infringement.
c. Domain Renewal: Domain renewal notices and invoices are provided as a courtesy reminder. Hostcode cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. No refunds will be given once a domain is renewed.
d. Domain Contact: The Client is responsible for ensuring the accuracy and currency of contact information associated with their domain(s). Outdated contact information may lead to a lapsed registration, and Hostcode is not responsible for such occurrences. Providing false contact information may result in account termination.
In dedicated server purchases or high-risk transactions, it may be necessary to provide government-issued identification and possibly a scan of the credit card used for the purchase. Failure to meet these requirements may result in the denial of the order.
IP Address Allocation:
Any dedicated IP order beyond those provided with a hosting package may be subject to IP justification. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Web Hosting/Reseller Web Hosting: Our transfers team will assist with transferring your site to us as a courtesy service. While we will make every effort to help, we cannot guarantee availability, possibility, or the time required to complete the transfer. Transfers are available for free within 30 days from the sign-up date. Transfers after this period will incur a charge; please contact the sales department for a price quote.
Self-Managed VPS Hosting/Dedicated Servers: We do not perform website transfers for these plans.
Fully Managed VPS Hosting/Dedicated Servers: Website transfers are available upon request. The number of websites that can be transferred will be determined by the technical team based on the ticket flow at the time.
2. Backups and Data Loss
Your use of this Service is at your sole risk. This Service is provided to you as a courtesy by Hostcode. Hostcode is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Hostcode servers.
3. Cancellations and Refunds
Cancellations will only be accepted via our cancellation request option in the Client Portal. Cancellations that are not made via the form will be ignored and will not be processed. In order for your cancellation to be successful, you must receive confirmation from Hostcode. If you do not receive confirmation from Hostcode, do not assume your account is being cancelled. You are then required to submit your cancellation in writing if you do not receive a response via email. All cancellations must be made fifteen (15) calendar days prior to the next billing cycle. Any cancellations made after this are not valid and will not be prorated. After we confirm the cancellation, the Service can never be restored.
It is the Client’s responsibility to stop all subscription payments upon service cancellation. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal.
Hostcode reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation, and Hostcode is not responsible for any change in exchange rates between the time of payment and the time of refund.
Clients may cancel at any time via a cancellation form. Hostcode gives you a 14-day conditional money-back guarantee on shared hosting, VPS services for any Client for their first invoice. Clients are entitled to claim our 30-days money-back guarantee for Radio hosting and Reseller hosting services for their first invoice. The money-back is subject to a valid reason from the Client. If the reason is a technical issue, it may be escalated to the technical team for resolution, and granting a refund is subject to this resolution.
Our special promotions are excluded from our money-back guarantee.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers/Indian Gateway Payments
- Western Union Payments
- Money Orders
- Perfect Money
There are no refunds on Dedicated Servers, Cloud Servers, VPS products, Administrative fees, 3rd-Party Licenses, and Installation fees for custom software (Including Windows, cPanel, Plesk, CentovaCast, SonicPanel, Azuracast, VDOPanel, All premium licenses). The credit Balance is non-refundable. There will be no money back on bulk orders.
Violations of the Terms of Service or AUP will waive the refund policy. No refunds will be provided if the Service is terminated due to Abuse activities.
4.) Bandwidth Usage and Calculation
You are allocated a monthly bandwidth allowance, which is calculated from the 1st day to the last day of each month. Please note that the bandwidth is not calculated based on your monthly billing period but on a calendar month basis. The bandwidth usage statistics are reset on the last day of each month.
The specific bandwidth allowance varies depending on the hosting package you purchase from Hostcode.
If your account exceeds the allocated bandwidth limit, we reserve the right to take the following actions:
- Suspend the account until the start of the next allocation.
- Suspend the account until additional bandwidth is purchased at an additional fee.
- Suspend the account until you upgrade to a higher-level package with more bandwidth.
- Terminate the account, and/or
- Charge you an additional fee for the overages.
Please note that in the event of suspension, the account will be reactivated at the beginning of the following month. Additionally, unused bandwidth in one month cannot be carried over to the next month.
5. Reseller Responsibilities
If you wish to resell web hosting to others, you must sign up for our Reseller hosting plans as using a shared hosting account for reselling purposes is not allowed.
As a reseller, you are responsible for ensuring that each of your clients follows the terms outlined in this Agreement. You are also fully accountable for providing support to your clients, including customer service, billing, and technical assistance. Please note that we will not directly provide support to Reseller Users. Any support required by your clients should be reported by you, the reseller, on their behalf.
In the event that one of your clients contacts us directly, we reserve the right to put the client’s account on hold until you, the reseller, can take over the responsibility for assisting your client. This measure is taken for security purposes, and all support requests should be made by you as the reseller on behalf of your clients.
It is essential to understand that resellers are entirely responsible for the content stored or transferred under their reseller account, as well as for the actions of their clients. Should any activity from your client’s account violate the law or this Agreement, we may hold the reseller accountable for such actions.
As a Company, we cannot be held liable for the acts or omissions of our resellers. Therefore, the reseller agrees to indemnify the Company against any claims brought by any client resulting from the actions or omissions of the reseller.
Please note that we retain the right to review and update our Reseller plan as necessary. Any changes will be publicly posted, and they may take effect immediately or on a designated later date, as determined by the Company.
6. Semi-Dedicated Servers / VPS / Dedicated Servers
a. Backups: Please note that semi-dedicated servers, VPS, and dedicated servers are not backed up by Hostcode. It is the sole responsibility of the client to maintain their own backups for their data and files.
b. Password Reset and Security Audits: Hostcode reserves the right to reset the password on a dedicated server if the password on file is not current. This action may be taken to conduct security audits as required by our datacenter. To prevent any downtime from forced password resets, it is essential for the client to ensure that a valid email address and current root password are on file for their dedicated server.
c. Server Audits and Administrative Actions: Hostcode may perform server audits as necessary and carry out administrative actions at the request of our datacenter.
d. Dedicated Server Backup Responsibility: Please be aware that dedicated servers are NOT backed up by Hostcode. The client is solely responsible for maintaining their own backups or having a suitable backup solution in place.
e. Kali-Linux VPS Setup: Kali-Linux VPS accounts are typically delivered instantly. However, there might be occasional delays, and if such delays exceed 24 hours, our sales consultants will contact you to provide updates.
f. Reseller or Licensor: Hostcode acts as a reseller or licensor for certain third-party products and services, collectively referred to as “Third Party Services.” Your purchase and use of Third Party Services are subject to the applicable terms and conditions set by the respective third-party providers. Hostcode shall not be held responsible for any changes in the Services that may render Third Party Services obsolete, necessitate modification, or otherwise impact their performance. Unless expressly provided otherwise, you are entitled to use Third Party Services supplied by Hostcode solely in connection with your permitted use of our Services.
g. Our website may contain links to external third-party products or services that may or may not be related to Hostcode. Please note that we have no control over, responsibility for, or liability concerning the content and activities of these linked sites. We strongly advise you to review the privacy policies of these sites before accessing any links present on our site.
7. Streaming (Audio/Video) Services
a. Content and Copyright:
- Hostcode, as the Operator, shall not be held liable for the content transmitted, broadcasted, and/or published by the Client through the Streaming Services.
- The Client assumes full responsibility for obtaining all necessary licenses, entitlements, and agreements required to legally broadcast audio-phonic transmissions via the Internet. Additionally, the Client must comply with all relevant royalty obligations.
- It is the Client’s responsibility to monitor the limits assigned to the Streaming Service. If these limits are exceeded, the Service may be automatically turned off.
- Any files uploaded by the Client that are not audio files or cover art images may be removed from the server by the Operator. In such cases, the Service may be suspended or terminated, with the exception of the Web Hosting Service.
- The content of the Client’s broadcast must not contain or make references to anything illegal.
- The Client is prohibited from uploading, collecting, or sharing any illegal files using the Service.
- All files stored on Hostcode’s servers must be legally owned and accompanied by a valid license and/or copyright. This includes, but is not limited to, file types such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, and ISO. Any unlicensed and/or illegal files discovered within the Client’s account will be subject to deletion.
b. Radio & Reseller Service Usage:
- The maximum listener limit for Unmetered Services is 999.
- Disk space for Unmetered Services is equal to the currently available disk space of a machine shared by all Customers using the same machine. In the event of overselling, the suspected account may need to upgrade to a higher package or purchase a Dedicated server. Hostcode reserves the right to suspend the account and/or charge additional fees for overages or terminate the account for violations of the Terms of Service or AUP.
- Hostcode does not impose specific limits on the amount of disk space for hosting/reseller services and does not charge additional fees based on increased storage usage. However, it is essential to note that the services are designed to host streams, and accounts with excessive file sizes may negatively impact server performance. Hostcode may request that file sizes be reduced to ensure optimal performance or may disable the account, with or without notice.
- Hostcode does NOT permit users to host files (videos/audio) on Shared Hosting Packages. Any such prohibited use of the Services will result in the termination of the hosting account, with or without notice.
Client is responsible for all charges, costs, expenses, and other fees (“Fees”) associated with your use of Hostcode’s Services once they are made available to you. Your first invoice is generated at the time of purchasing the Services. The invoice will also be available in the “My Invoices” section of the Client Portal. You are responsible for the Fees set out within the emailed invoice, which you must pay on the Effective Date and any other invoice generated for a Renewal Term.
a. Package Renewal:
- All Web Hosting plans, Web Reseller Plans, Radio Hosting Plans, Radio Reseller Plans, and domain names are set to automatically renew on their renewal date after the initial term and any renewal terms to prevent disruptions in the services.
- You will receive an invoice for the renewal term at the email address in your account, which includes the duration and price of such renewal.
- If you wish to cancel, you may do so as set forth in Section (3) of our Terms of Service.
b. Domain Name Renewal:
- Domain names are set to automatically renew five (5) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.
c. Dedicated Server:
- Hostcode Dedicated Servers will be billed on a monthly basis; existing Hostcode customers may remain on a pre-paid billing plan.
- Termination must be requested 15 days prior to the next due date.
- Hostcode reserves the right to alter the dedicated server packages advertised on its website at its discretion.
- Additional charges will be applied to any hardware upgrade requested by the Client.
- In the event that any amount due remains unpaid after the due date, Hostcode may immediately terminate the service.
d. Failure to Renew:
- Accounts with invoices more than fourteen (14) days overdue will be suspended.
- If a suspended account is to be reactivated, all overdue invoices must be paid to make it current before the suspension is lifted.
- Accounts with invoices more than two months overdue are considered abandoned and will be subject to termination.
e. Price Changes/Adjustments:
- Hostcode occasionally makes changes to plans and pricing to remain competitive.
- You can contact our billing team to update your plan to the current offerings.
- Invoices that have already been paid cannot be modified, but your plan can be updated for new invoices.
- Hostcode does not mail paper invoices or statements.
- Statements can be viewed and printed through Hostcode’s Member Area.
- Clients may elect to receive their monthly account billing statement via email.
g. Delivery Policy:
- Subject to availability and receipt of payment, requests will be processed within 1 day and delivery confirmed by way of email.
- Orders are processed instantly in most cases.
9. Contents, Sweepstakes & Promotion
10. Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down, and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
11. System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.
- Interference with service to any user, host, or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
12. Viruses and Other Destructive Activities
Using Hostcode’s services or equipment for creating or sending Internet viruses, worms, or Trojan horses, or for pinging, flooding, or mail bombing, or engaging in denial of service attacks is strictly prohibited. Customers are also forbidden from engaging in any activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Hostcode’s services and equipment (or any connected network, system, service, or equipment) or conduct their business over the Internet.
13. Hostcode's Intellectual Property
Customers shall not copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Hostcode’s website without Hostcode’s express written consent. Furthermore, customers shall not use any of Hostcode’s trademarks, service marks, copyrighted materials, or other intellectual property without Hostcode’s express written consent. Customers are strictly prohibited from misrepresenting their relationship with Hostcode, attempting to pass themselves off as Hostcode, or claiming to be affiliated with Hostcode in any way.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. Coupons or discounts are only valid towards the initial purchase and do not affect the renewal or recurring price unless otherwise specified.
Hostcode services, including all related equipment, networks, and network devices, are provided only for authorized customer use. Hostcode systems may be monitored for all lawful purposes, including ensuring that use is authorized, managing the system, facilitating protection against unauthorized access, and verifying security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of Hostcode system(s) constitutes consent to monitoring for these purposes.
Hostcode and the Client both agree to pay any and all taxes imposed on Hostcode or the Client’s respective business. If Hostcode is required to pay taxes for the Client, the Client will immediately reimburse Hostcode for those taxes and any fines, penalties, and interest.
By signing or accepting this Agreement, the Client states that they are the owner, operator, and/or a designated officer of the business, with the authority to enter into this Agreement, and have obtained all the necessary licenses, copyrights, and/or certificates required to perform the Client’s obligations. The Client will follow all laws and legal regulations that relate to the Client’s business regardless of where those laws and regulations originate, and will comply with any laws and regulations that may apply in the future.
The Client is solely responsible for their content, advertising, and promotion, as well as that of anyone referring others to the Client’s website. The Client is also responsible for ensuring that they are the rightful owner or licensee for any copyrighted material, trademarks, or items that appear on the Client’s website.
The Client will take all necessary measures to prevent Hostcode from being made a party to any lawsuit or claim regarding the service provided to or by the Client or any end user. The Client hereby agrees to indemnify Hostcode and hold Hostcode harmless from any and all claims of whatever nature brought by anyone against Hostcode in excess of the remedy set forth herein.
The Client hereby agrees to reimburse Hostcode for any and all expenses, including legal fees, associated with Hostcode being involved with any civil, criminal, regulatory, or investigatory actions brought by the Client or against the Client by anyone, including expenses associated with providing information that Hostcode, in its sole discretion, believes it legally must provide or has been authorized by the Client to provide. The Client also understands and agrees that Hostcode will deduct those expenses from monies due to the Client, and the Client agrees to reimburse Hostcode for any expense that exceeds what Hostcode is able to deduct from the Client’s account.
19. Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Client will have no authority to make or accept any offers or representations on our behalf. The Client will not make any statement, whether on the Client’s site or otherwise, that would reasonably contradict anything in this Section. Neither party is the agent of the other, and Hostcode expressly disclaims responsibility for any conduct by the Client in violation of our terms of Agreement.
Hostcode shall not be responsible for any damages your business may suffer. Hostcode makes no warranties of any kind, expressed or implied, for services we provide. Hostcode disclaims any warranty of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hostcode and its employees.
Under no circumstances will Hostcode be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted on the Premises.
22. Responsibility for Content
The customer is solely responsible for the content stored on and served by their servers and hosting account.
23. Governing Law and Jurisdiction
This Agreement is governed by the laws of India.
24. Changes to the TOS
Hostcode reserves the right to revise its policies at any time without notice.