These Terms of Service Agreement are an agreement between HostPerfy And you. This agreement sets in place the terms and conditions for the use of any products and services set forth by HostPerfy. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Along with Terms of Service, The following general policies apply to all Our Services:

General Terms

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain names are subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of.COM/NET/ORG and other regional domain authorities for the various country-specific domains, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable in spite of refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

On termination of this Agreement or suspension of the Services, we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

HostPerfy is not responsible for any damages your business may suffer. PaidBoom does not make implied or written warranties for any of our services. HostPerfy denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostPerfy.

Account Eligibility

By registering for and using our services, you represent that. You are at least 18 years of age. The Services are intended for use by users who are 18 years and older. Any registration, use of, or access to our services by anyone under 18 is a violation of this Agreement. If you use our services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the services.

Multiple Accounts for the same client are not allowed. If we found this, we can terminate your accounts without notice. It is your responsibility to provide accurate, complete, and current customer information on registration forms. The email address that you use to sign up must be different from the domain that you are signing up with.

If there is a reason for us to contact you, we will contact you using this email address. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the security of your account.

Any dedicated IP order is subject to IP justification. IP justification policies may change to comply with the Indian Registry for Internet Names and Numbers (IRINN), American Registry for Internet Numbers (ARIN), and Réseaux IP Européens Network Coordination Centre (RIPE). You agree that changing the main domain on an account will incur a fee of $10 for each time the main domain is changed.

Website Migrations

Our website migration service is provided as a courtesy. Our team will make every effort to help move your website to us, but we do not make any guarantees regarding the availability, possibility, or time required to transfer an account.

User Content

You may be able to upload, store, publish, display, and distribute information, text photos, videos, and other content on or through our services (collectively referred to as, User Content). User Content includes any content posted by you or by users of any of your websites hosted by us. You are solely responsible for ensuring that User Content complies with this agreement.

HostPerfy exercises no control over and accepts no responsibility for, User Content or the content of any information passing through HostPerfy computers, networks, or points of presence. HostPerfy does not monitor User Content.

You agree and acknowledge that HostPerfy take corrective action in HostPerfy sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate and all Services without refund if you violate the terms of this Agreement. You hereby agree that HostPerfy will have no liability due to the corrective action that HostPerfy may take.

Account Security and HostPerfy Systems

It is your responsibility to ensure that scripts and programs installed under your account are secure and that permissions of directories and files are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account, including the compromise of credentials such as username and password.

The services, including all related equipment, networks, and network devices are provided only for authorized customer use. HostPerfy may but is not obligated to, monitor our systems to ensure that use is authorized to facilitate protection against unauthorized access, to verify security procedures, survivability, and operational security.

During monitoring, information may be examined, recorded, or copied and used for authorized purposes. By using our services, you consent to monitoring of network services for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension.

This includes but is not limited to denial of service attacks, brute force attacks, email spam, and webspam. Any account which causes us to receive an abuse report may be suspended or terminated. If you do not remove malicious content after being notified, we reserve the right to leave access to services disabled. We reserve the right to impose fees for verified abuse.

Payment must be made for the abuse of services prior to account re-activation. We reserve the right to deviate from our abuse schedule as we see fit. Our abuse fee schedule is as follows.

First, notice no charge. (Service will be suspended if not entertained in 12 hours)

Second notice: $5 penalty.

Third notice: Account Termination.

Service Cancellation

A Product or Service can be canceled either by the customer or HostPerfy. No third-party service, entity, or jurisdiction can request nor achieve service cancellation on a client’s behalf.

Service Cancellation by the Customer

For a Product or a Service to be canceled by our customers, a proper cancellation request must be submitted. To submit a Cancellation Request the customer must use either the cancellation option from within the Client Dashboard or the customer should submit a Cancellation ticket explaining the reason for the cancellation in our Billing Department.

The customer agrees and acknowledges that there are exactly two types of service cancellation depending on the period chosen by the customer in their Cancellation Request:

The customer acknowledges and agrees that HostPerfy will not keep a copy of the Shared/Cloud Web Hosting account after the cancellation request becomes active and the Product or Service is canceled. That includes the whole Shared Web Hosting account as well as any backups generated for the same to be restored.

For VPS or Dedicated Server services, the data will be kept for no more than 24 hours after the cancellation of service become effective. After that period the whole server will be removed meaning that all data hosted on the same will be permanently deleted with no option for the same to be restored.

HostPerfy cannot be held responsible for any data loss due to Service suspension or termination. It is the customer’s sole responsibility to keep the data of their Web Hosting accounts fully backed up remotely for any loss of data to be avoided.

Service Cancellation by HostPerfy

The customer agrees and acknowledges that any Product or Service offered by HostPerfy can be canceled anytime by HostPerfy with or without reason. Canceled by HostPerfy services are not subject to partial or full refund nor is HostPerfy obligated to give any prior notice to the customer. HostPerfy will not be held responsible for any loss of data in case the service is canceled by us.

The customer agrees that the reason for the cancellation of service by HostPerfy can be but is not limited to:

Violation of HostPerfy Terms of Service. Involvement of the Web Hosting account in illegal or forbidden by the HostPerfy Terms of Use activities. If such a reason arises, HostPerfy will act according to the severity of the violation. In most cases, we will try to resolve it first before committing to the complete termination of service.

This means that we will open a Support Case with a complete description of the violated terms and give our customers respectful time to resolve the outstanding case:

7 days for our Shared Web Hosting products. 3 days for our VPS and Dedicated Servers products. The period starts immediately after a case is being open in our ticketing system. The customer is solely responsible for being aware of the case as well as for resolving the case according to the provided time frame.

Immediately after the cancellation takes place HostPerfy will provide a backup archive to the customer containing all customer data hosted on the canceled/terminated service. The backup archive will be available for 7 calendar days after the same is made available for download. It is the customer’s responsibility to ensure that the backup archive is being downloaded completely within the timeframe given by HostPerfy.

In case the reason for the cancellation of service by HostPerfy is different than a Terms of Service violation by the customer, HostPerfy will issue a prorated partial refund for the remaining months of service the Web Hosting product or service has been prepaid for. The amount of the refund is calculated on the following basis: the full prepaid amount minus the remaining months of service multiplied by the price per month of the canceled service.

HostPerfy will provide a few options for the customer to choose from when it comes to receiving a refund. In case PayPal is being used as a payment method, the refunded amount will be automatically sent to our customer’s PayPal account.

HIPAA Disclaimer

We are not HIPAA compliant. Customers requiring secure storage of “protected health information” as define under the federal Health Insurance Portability and Accountability Act (HIPAA) are expressly prohibited from using the services for such purposes.

Billing and Payment Information

It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the services in advance of the time period during which such services are provided. Subject to applicable laws, rules, and regulations, payments received will be applied to the oldest outstanding invoice in your billing account first.

Unless otherwise provided, you agree that you will be billed on an automatically recurring basis to prevent the disruption to your services. All invoices must be paid within 2 days of the invoice due date. Any invoice that is outstanding for more than 2 days may result in the suspension of your service.

Our services (domain, hosting & email) may increase based on the inflation rate and maintenance costs associated with our infrastructure. The increase may be up to 30% every year.

Access to the account will not be restored until payment has been received. We reserve the right to charge a 10% late fee in addition to the invoice. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, payment methods, or identities.

We may report misuse or fraudulent use to governmental and law enforcement authorities, credit reporting services, financial institutions, and credit card companies. Invoice for the monthly, quarterly, semi-annual, annual, biennial, and triennial recurring services will be issued 07 days in advance of the due date. Unpaid services will be suspended 02 days past the due date on the service.

If you don't pay the invoice after 7 days of the due date, your service will be terminated and all data will be deleted. You may dispute an invoice with HostPerfy prior to its due date. If you have any questions about a charge on your account, you may reach out to the billing department for assistance. Opening a dispute with your credit card company or initiating a chargeback is a violation of this agreement, and may incur an additional $75 chargeback fee.

Money-Back Guarantee

HostPerfy provides a 30-day money-back guarantee for shared, premium, and VPS accounts. The following are eligibility requirements for the money-back guarantee. Customers must meet all eligibility requirements in order to be awarded a refund as per our money-back guarantee.

You have not been a customer of HostPerfy in the past. Abuse or misuse has not occurred on your service (see Account Security and HostPerfy systems, CPU, Bandwidth, and Disk Usage).

You have not initiated a dispute or chargeback.

You have been a customer in good standing of the service for no less than 20 days and no more than 30 days.

Money-back guarantee applies to the base of the yearly billing cycle.

Any violations of this agreement will waive your right to a refund.

Refund Policy

All refunds are at the sole discretion of HostPerfy, including fees associated with primary services, additional features, and any setup fees previously assessed. Refund Process can take 5-7 days to be fully processed in your account.

Condition On Domain Registration, Renewal, Transfer & Management

• 1. Sometimes domain price varies according to internal system policy.
• 2. The above pricing is not valid on a premium domain. (Premium domains are short domains, often made up of just one word or 3-5 letters. They are also known as "aftermarket" or "pre-registered" domains. Most premium domains have a .com extension, but many end with .org, .net, .biz, etc)
• 3. Once, you register a domain or transfer it to another registrar, the domain will be locked for 60 days. During this period the domain cannot be transferred. It is part of the transfer policy from ICANN and applies to all registrars.
• 4. Once, you register a domain or transfer it to HostPerfy, It cannot be replaced and you cannot request a refund for any domain service. Before making any domain payment, think twice about the domain name. (fix domain name & and then make payment).
• 5. DNS Management:- Currently, you can only change the name server at our site. for any other DNS configuration or connections, please contact our support. For more DNS configuration, we recommend, using Cloudflare for free.
• 6. After the domain expiry, auth and domain unlocking is not available. You need to renew your domain with us, then you can transfer away.
• 7. The domain may not show in your account, once it's expired as they went for a deletion process from the registry.
• 8. Once your domain will expire, after this, we are not responsible for your domain, however, we can try to attempt to renew the domain, once we received your payment.
• 9. Redemption or grace fee may be applied, once the domain expired. Redemption or grace fee can be between 8000 INR to 15000 INR based on registrar to registrar.
• 11. Our domain management tool is in beta version, sometime it may give you errors, if it put your site on hold or if any other issues, please contact us, and we will try our best to solve the issue but not give a guarantee for the solution.
• 12. We are not ICANN accredited registrar, we are using a reseller panel, API, and other tools to manage domains from multiple registrars.
• 13. Realtime domain registration features are not available, once we accept your order, normal domain activation time can be up to 48 hours, sometimes it will take even more.
• 14. Due to the not available, real-time domain registration feature, the domain can be ordered by multiple users and can be activated in multiple accounts, but final ownership will be given to the first user only who makes the first payment in our system. The first paid user can claim the domain anytime with us under the domain validity.
• 15. If multiple users make a payment for the same domain at the same time, then this case will go under ownership disputes.
• 16. Ownership disputes:- In the case of ownership disputes, we will make a group discussion if users decide and agree to which will be the final owner, then it will be good, otherwise the domain will be deleted. No one can claim ownership with HostPerfy.
• 17. Domain can be deleted anytime if we found that violates our terms of service or received any kind of wrong activity report.
• 18.Country TLD Require extra eligibility criteria and documents according to their respective registry and government bodies. If you don't provide us with such documents & information, then your domain will be suspended anytime.
• 19.Free Domains will be .COM with the selected yearly plans only. Your domain will be free with your hosting plan. If you don't renew your hosting plan, then you need to renew your domain separately or you can transfer your domain anywhere.
• 20.Our domain search system is still in beta version, not able to detect the price of premium domains. If any premium domain has been ordered, it will be canceled.
• 21.Domain can be canceled/hold anytime with or without notice. As we are not a registrar, and not able to control the domain fully, due to this domain can be canceled and deleted anytime, in this situation, we will offer you an alternative solution for free, In alternative solution:- we will give you a similar domain name and other TLDs for free.
• 22.The promotional price and promo code are valid on new domain registration. If you use it on renewal or transfer orders, your order will be canceled and refunded.

Prohibited Uses

The following uses are prohibited.

• Using our services to infringe upon copyrighted material. If you believe your copyrighted content has been infringed upon, please contact [email protected]
• Using our services to host child pornography.
• Using our services to harm other networks or computers in any way, including but not limited to Denial of Service attacks, brute force attacks, et cetera.
• Using our services to send bulk amounts of email (defined as more than 1,000 emails per day), Including but not limited to spam, spamming, or bulk mailing. If you plan on sending bulk mail, obtain permission from first. Those who breach this section of the agreement will be referred to SpamHaus.

Prohibited Materials

The following is a list of materials that are prohibited at all times on our servers. Topsites..

• IRC Scripts and Bots.
• IRCD (IRC servers)
• Proxy Scripts, Anonymizers (includes Shadowsocks)
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf,PTC,PTS,PPC sites.
• IP Scanners.
• Bruteforce Programs, Scripts, and Applications.
• Mail Bombers and Spam Scripts.
• Banner Ad services (commercial banner ad rotation)
• File Dump and Mirror Scripts (similar to Rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow and Bank Debentures.
• High Yield Interest Programs (HYIP) or Related Sites.
• Investment Sites (FOREX, E-Gold Exchange, Second Life or Linden Exchange, Ponzi, MLM, Pyramid Scheme)
• Sale or distribution of any controlled substance without prior proof of appropriate permit(s) Prime Banks Programs.
• Lottery, Gambling SitesMUDs, RPGs, PBBGs.
• Hacker focused sites, archives, programs)
• Sites promoting illegal activities.
• Forums and or websites that distribute or link to warez, pirated, illegal content.
• Bank Debentures, Bank Debenture Trading Programs.
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org and escrow-fraud.com) Mailer Pro.
• Push button mail scripts (permission required)
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc) Tell A Friend Scripts.
• Anonymous or Bulk SMS Gateways.
• Bitcoin or Any Virtual Currency Miners.
• PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc)

Downloadable files, media, databases must comply with the following limitations

• A maximum of 10GB of a shared and cloud hosting account can be allocated to music, video or other multimedia files.
• A maximum of 10GB of a shared and cloud hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium.
• A maximum of 10GB of a shared and cloud hosting account can be allocated to databases and database dumps including but not limited to .sql files.
• A maximum of 10GB of a shared and cloud hosting account can be allocated to Executable files and all other files which are the result of compiling a program.
• File hosting is not permitted.
• Our Shared and Cloud Hosting Packages cannot be used for backup purposes.

Under its sole discretion, HostPerfy reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension..

Cancellation

HostPerfy reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. Customers can cancel service pursuant to the terms of their contract by email or through the portal. Only authorized contacts or viduals can cancel an account.

Unless the client specifies a termination date, accounts will be terminated upon notice. Unless otherwise specified in the terms of Client’s contract and for all month-to-month services, cancellation notice must be received at least 7 days prior to scheduled service renewal date; furthermore, if service is canceled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically.

Cancellation requests must be submitted via the HostPerfy client area by selecting “Request Service Cancellation” from the left navigation and submitting the cancellation form for the services being discontinued. Refund policies above strictly apply to all canceled accounts. If an account is canceled due to non-payment, HostPerfy reserves the right to delete contents without notice and re-provision the server.

CPU, Bandwidth, and Disk Usage

All use of hosting space provided by HostPerfy is subject to the terms of this agreement and the Acceptable Use Policy.

Shared and premium hosting space may be used only for web files, active email, and content of user websites. Space may not be used for storage, including offsite storage of electronic files, email, or FTP hosting. We will review and notify you in the event of excessive CPU or disk usage. Excessive CPU usage is defined as such usage that significantly impacts other users’ ability to use their services.

Dedicated and VPS usage is limited by the resources allocated to the specific plan or server that has been purchased. Bandwidth usage is actively monitored.

Uptime Guarantee

If your shared or premium server has a physical downtime that falls short of our 100% uptime guarantee, you may receive 1 month of credit on your account. This uptime guarantee does not apply to planned maintenance or acts of God.

Server uptime is defined as the reported uptime from the operating system and the webserver which may differ from the uptime reported by other services. To request an uptime credit, please open a ticket with our Billing department.

Please note that uptime guarantee requests must be submitted within 7 days of the actual downtime. Uptime guarantees for dedicated servers include only network uptime. Events including but not limited to failure of a part, a DDoS attack, or an act of god are exempt from the uptime guarantee.

Backups and Data Loss

Your use of our services is at your sole risk. Our backup service runs daily and saves 7 backups. Only one week of backups are kept at a time. This service is provided as a courtesy and may be modified or terminated at our sole discretion. We make no guarantees about the availability of these backups.

Limitation of Liability. In no event with HostPerfy, its directors, employees, or agents be liable to you or any person for any direct, consequential, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites, or any other materials accessed or downloaded through the services, even if HostPerfy is aware of the possibility of such damages.

Affiliates Terms

Affiliate Programm is available for domains, shared and cloud hosting only. Affiliate Account must be approved by our team manually, otherwise, the payout will be declined. We will share up to 50% commission with you on shared and cloud hosting. Hosting Sales can be tracked by both promo codes and links.

Domain Sales can be only tracked by Promo code.In our system, Promocode is the primary thing, so if any user uses the Promocode then the affiliate commission will belong to the owner of that Promocode.

Contact support to get this. The payout for hosting sales will be given after 30 days of sale. The payout for domain sales will be given 1st of every month. You can take the payout in Paytm, PayPal, UPI, Bank Transfer.

Indemnification

You agree to indemnify, defend, and hold harmless HostPerfy, our affiliates, and our respective officers, directors, employees, and agents. The terms of this section shall survive any termination of this agreement.