Terms of Service

1. Introduction

Welcome to HostAsia. These Terms of Service ("Terms") govern your use of our website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or via email. Your continued use of our Services after such modifications constitutes your acceptance of the modified Terms.

2. Account Registration

To use certain Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. Service Usage Rules

You agree not to use the Services:

• In any way that violates any applicable local, state, national, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate HostAsia, a HostAsia employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm HostAsia or users of the Services, or expose them to liability.
• To host, distribute, or link to content that is illegal, harmful, or offensive, including but not limited to content that is defamatory, obscene, pornographic, violent, or discriminatory.
• To store or transmit malicious code, or to interfere with, disrupt, or create an undue burden on servers or networks connected to the Services.
• To attempt to gain unauthorized access to parts of the Services, other accounts, computer systems, or networks connected to the Services.

We reserve the right to terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

4. Acceptable Use Policy

Our Acceptable Use Policy ("AUP") is part of these Terms and defines the activities that are prohibited on our services. The AUP includes but is not limited to:

• System and Network Security: You may not use the Services to violate system or network security, which may result in criminal and civil liability. Examples include unauthorized access, use of scanning tools, interference with service, and falsification of origin.
• Resource Usage: You may not use our Services in a way that unnecessarily interferes with the normal operation of our Services or consumes a disproportionate share of the resources.
• Email: You must comply with laws and regulations regarding bulk or commercial email. This includes obtaining consent for email campaigns and honoring opt-out requests.
• Content Restrictions: You may not store, distribute, or transmit any unlawful, harmful, threatening, abusive material through our Services.

We reserve the right to suspend or terminate your services if we determine, in our sole discretion, that you have violated our AUP.

5. Payment and Billing

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Unless otherwise indicated, all fees are quoted in Indian Rupees (INR).

Payments for our Services are generally made on a subscription basis. We will bill you in advance on a recurring basis, depending on the billing cycle applicable to your subscription. Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select.

If you believe your bill is incorrect, you must contact us in writing within 30 days of the billing date containing the amount in question to be eligible to receive an adjustment or credit.

We reserve the right to change our prices at any time. If we change our prices, we will provide notice of the change on our website or by email, at our option. If you do not agree to a price change, you must cancel your subscription before the price change takes effect. Continued use of our Services after a price change takes effect constitutes your acceptance of the new prices.

6. Service Level Agreement

We strive to provide the highest level of uptime for all our Services. Our Service Level Agreement ("SLA") details the service availability commitments and the remedies available to you if we fail to meet these commitments.

We guarantee 99.9% uptime for all our hosting services, excluding scheduled maintenance. If we fail to meet this guarantee, you may be eligible for service credits as specified in our SLA.

To receive service credits, you must request them by opening a support ticket within 30 days of the incident. Credits will be applied to your account and will not be refunded as cash.

Our SLA does not apply to service interruptions caused by:

• Scheduled maintenance
• DDoS attacks or other cyber attacks
• Issues originating from your applications or content
• Force majeure events
• Suspension or termination of your services in accordance with the Terms

7. Refunds and Cancellations

You may cancel your subscription at any time by contacting our customer support or through your account dashboard. The cancellation will take effect at the end of your current billing cycle. We do not provide refunds for partial subscription periods.

Some of our Services may come with a money-back guarantee, as specified in our Refund Policy. Please refer to our Refund Policy for detailed information about eligible services, refund periods, and how to request a refund.

We reserve the right to issue refunds at our sole discretion. If we determine that you are abusing our refund policy, we may deny your refund request or terminate your account.

8. Intellectual Property

The Services and their original content, features, and functionality are and will remain the exclusive property of HostAsia and its licensors. The Services are protected by copyright, trademark, and other laws of both India and foreign countries.

Our trademarks, service marks, and logos used and displayed on the Services are registered and unregistered trademarks or service marks of HostAsia. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without our written permission.

You retain ownership of your content. By uploading, posting, or otherwise sharing content through our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your content in connection with providing our Services to you.

9. User Content

You are solely responsible for all data, information, and other content that you upload, post, or otherwise share through our Services ("User Content"). You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content as necessary to exercise the licenses granted by you in this section.
• Your User Content does not violate or infringe upon the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
• Your User Content complies with these Terms and all applicable laws and regulations.

We may, but are not obligated to, monitor or review User Content. We reserve the right to remove any User Content for any reason without notice, including if we determine, in our sole discretion, that the User Content violates these Terms or is otherwise objectionable.

10. Data Backup

We implement reasonable precautions to protect your data, but we do not guarantee that your data will never be lost or corrupted. You are responsible for maintaining your own backup of your data.

While we may provide backup services as part of certain packages, these are provided as a courtesy and should not be relied upon as your sole backup method. We recommend implementing a regular backup strategy that includes storing copies of your data off-site.

In the event of data loss or corruption, our liability will be limited as provided in Section 12 (Limitation of Liability).

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

IN NO EVENT SHALL HOSTASIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold harmless HostAsia, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

You agree to submit to the personal and exclusive jurisdiction of the courts located in Bhilwara, Rajasthan, India for the resolution of any dispute arising from or related to these Terms or your use of the Services.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

16. Entire Agreement

These Terms constitute the entire agreement between you and HostAsia regarding the use of the Services, superseding any prior agreements between you and HostAsia (including, but not limited to, any prior versions of the Terms).

17. Contact Information

Questions about the Terms should be sent to us at: