Terms and Conditions
ACCEPTANCE OF TERMS
The Website may provide a variety of resources such as e-mail, forums, downloads, tools, and product information (collectively “Services”) designed to assist you and to enable you to communicate with us and/or other visitors to the Website. Unless stated otherwise the Services are for your personal and non-commercial use only.
USER ACCOUNT, PASSWORD AND SECURITY
1. If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service.
2. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
3. In no event will the Website be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
4. You may not use another persons account at any time, without the express permission of the account holder and Softsys Hosting.
1. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. ; We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. The Website will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
2. In using the Website/Services you agree not to:
1. use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
2. post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
3. post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
4. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5. use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6. make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
7. impersonate any person or entity for the purpose of misleading others;
8. violate any applicable laws or regulations;
9. use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
10. post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
11. attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
12. any other abusive services causing disruption in our operations (including inbound and outbound attacks / etc.)
3. We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these TOU or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these TOU. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
If for any reason you wish to cancel your account within the first 5 days of setting up the account with us, we will issue a full refund (minus setup fees, license fees & surcharges) with no questions asked for shared, reseller & VPS accounts only (review below for details). To request a refund you will need to submit Cancellation request from the members portal and open a ticket with billing department.
Please note that 5 days money back guarantee only applies to base shared, reseller and VPS accounts only and not to below mentioned services:
1) Dedicated Servers
2) Third party VPS’ (AWS / Azure)
2) Domain names or Domain transfers
3) SSL Certificates
4) Any addons like Additional domains, Databases, Backups, Dedicated application pools, fully managed services and/or any of the hosting addons/plan-upgrades.
5) Any other services/addons except base shared, reseller & VPS accounts
Also, there will be no pro-rated refunds issued after 5 days of service. Accounts that are terminated due to violation of Softsys Hosting’s Terms and conditions will not be eligible for any kind of refund. Additionally, accounts with any pending dues or overusages will not be eligible for any refunds.
Please note that a surcharge (processing fee) of 5% will be deducted from all the refunds.
Lastly, only first-time signups will be eligible for 5 days money back guarantee. For example, if you have had an account with us, canceled and signed up again, you will not be entitled for our money back guarantee. This also applies for current customers who sign up for a second account.
If for any reason, a refund has been approved for a customer, please note that there will be 5% surcharge deducted from it. This applies to any and all kinds of refunds that have been approved by Softsys Hosting Management.
DISCOUNTS / SPECIAL PRICES
Any discounts / specials / promotional prices displayed on our website will be available as per its specific terms and for mentioned dates only. Please note that these discounts / specials cannot be used to replace any of your existing services and/or customer shouldn’t cancel / terminate / downgrade any other services as well. In case this is done, discounts / specials will be forfeited and you will be billed at full retail rates for given service. Additionally, management reserves the right to forfeit any discounted service ordered by customer in case violation of terms for discounted / special price is detected.
LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the Website is not responsible for the content or availability of any such sites. If you are unhappy with the content of a website that the Website links to please contact that website directly.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Softsys Hosting servers). Softsys Hosting is NOT RESPONSIBLE for any lost files, information or data. Although Softsys Hosting backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. Softsys Hosting does not guarantee to possess the most current copy of a subscriber’s website in its own backups. In the event of accidently deleting the data, Softsys Hosting may be providing you with the files from the back up at an additional charge.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S.A. or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
INTELLECTUAL PROPERTY RIGHTS
1. The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
2. The Website does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold the Website harmless from and against any breach by you of these TOU and any claim or demand brought against the Website by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Website in consequence of your breach of these TOU.
Softsys Hosting reserves the right to suspend/terminate client’s account if the client engages in any abusive behaviour which includes making threat, using derogatory or abusive language or complaining against Softsys Hosting or its staff members or making any public defamatory remarks on forums/blogs/websites.
DISCLAIMERS AND LIMITATION OF LIABILITY
1. Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2. To the extent permitted by law, the Website will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
3. The Website makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
4. Nothing in these TOU shall be construed so as to exclude or limit the liability of the Website for death or personal injury as a result of the negligence of the Website.
5. Nothing in these TOU shall affect your statutory rights as a consumer.
If any of these TOU should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining TOU shall survive and remain in full force and effect and continue to be binding and enforceable.