Terms and Conditions
By accessing or using our services, you agree to be bound by the terms set out below. Please read them carefully before opening an account with us.
By accessing or using our services, you agree to be bound by the terms set out below. Please read them carefully before opening an account with us.
TopHostingInIndia.com ("we", "us") provides hosting, email, domain registration, and dedicated server hosting services, together with such other services as are agreed between us and the customer ("the Services"). All customers are required to accept the following terms of use in order to use our hosting services.
By subscribing to any of the Services and opening an account with us ("the Account"), you ("the Customer") agree to be bound by these terms and conditions. These terms apply to all TopHostingInIndia.com accounts. They set out the basis on which we offer our services and should be read carefully.
2.1
TopHostingInIndia.com will use reasonable efforts to supply a continuous service. However, we are not liable for any loss of data resulting from delays outside our control, missed or non-deliveries, service interruptions, or errors or omissions of the customer. We are not responsible for losses resulting from acts of God or force majeure, including civil unrest, riots, floods, drought, fire, war, and imposing legislation.
2.2
You agree that TopHostingInIndia.com is not liable to you for any special or consequential damages you may suffer as a result of loss of business, contracts, profits, savings, or otherwise. We are unable to exercise control over material sent over the internet and exclude all liability of any kind for the publication, by the Customer, of inaccurate, misleading, offensive, threatening, or obscene material, or material in breach of Indian or other applicable law.
2.3
Our customers are liable for all charges levied by their telephone service provider arising from the Customer's use of the Services.
2.4
From time to time, TopHostingInIndia.com or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. We will give as much notice as possible and will try to keep this work within the period specified in the notice. We accept no liability whatsoever arising from such a suspension of service.
2.5
The Customer agrees that they will not re-sell, sub-lease, reassign, or transfer any part of the Services.
3.1
Customers must use the Services for lawful, authorized purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Indian law is prohibited. Banned content includes, but is not limited to:
3.2
We are under no obligation to edit, review, or modify the contents of your website. However, we reserve the right to remove any content without notice. We do not proactively monitor messages posted on our managed sites, but reserve the right to remove such messages at our sole discretion.
3.3
Any Customer found using the Services for any purpose in Clause 3.1 may have their Account terminated without notice.
3.4
The Customer agrees to fully and effectively indemnify TopHostingInIndia.com against all losses, costs, actions, proceedings, claims, damages, expenses (including legal expenses), or liabilities suffered or incurred directly by us as a result of the Customer's breach or non-observance of this Clause 3.
3.5
The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses), and judgments awarded against TopHostingInIndia.com arising from any breach of this Clause 3. We may, at our absolute discretion, defend such claims and may compromise them with the Customer's consent, such consent not to be unreasonably withheld. The Customer shall provide the assistance necessary to defend such claims, at their own expense.
You understand that we are not a domain registrar; we do not hold our own NIC tags, and domains can therefore only be transferred to us via name servers. To complete a full transfer you will need a domain registrar — as part of our service we can register and transfer domains, though transfer charges apply, through a partner company. We do not place your details on the WHOIS output for the domain for privacy reasons; however, if you engage in illegal activity, we reserve the right to provide the appropriate authorities with your details. If you would like your details displayed on the WHOIS output, please contact us and we'll be glad to help.
We do not allow websites with adult content. We do not allow pornographic or sexually explicit images of children, or any pictures or videos obtained illegally, to be hosted on our servers.
You understand that the maximum size of a single MS SQL database will not exceed 400 MB, irrespective of the web space allocated to the hosting account, and that each mailbox is limited to 500 MB on all our Windows Shared and Reseller hosting services.
7.1
Any attempt to undermine or cause harm to any of our servers is strictly prohibited, and we take no responsibility for the use of our clients' accounts.
7.2
If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
7.3
If you operate a site using what we deem excessive CPU cycles, or resources that strain other sites, we reserve the right to impose new terms in exchange for your current plan (i.e. an upgrade).
7.4
Denial of Service (DoS) attacks directed at TopHostinginIndia.com, or any attempt to launch a DoS attack from our servers, are strictly prohibited. All infractions or suspected infractions will be investigated and may result in immediate Account termination.
7.5
TopHostingInIndia.com reserves the right to disable or delete any feature or application on shared hosting without notification if it is found to be detrimental to, or hampering, the web servers' overall health and performance.
7.6
Disrespectful behaviour toward any member of our staff gives us full right to terminate your account without refund.
If your account exceeds its bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account will be suspended until you demonstrate that measures have been taken to prevent the limit being exceeded again, or you upgrade — whichever comes first. The Account will be reactivated the following month.
9.1
Spamming, sending unsolicited emails from our servers, or misusing email addresses maintained by us is strictly prohibited and will result in immediate Account deactivation with no refund. TopHostingInIndia.com is the sole arbiter of what constitutes a violation of this clause.
9.2
We limit outgoing email to 200 per hour on Shared and Reseller Hosting, 500 per hour on VPS Hosting, 1,000 per hour on Semi-Dedicated Hosting, and 3,600 per hour on Dedicated Hosting, to prevent email spamming from our servers. Customers cannot exceed these limits regardless of mailing list size.
Affiliates cannot earn commission on the purchase of their own hosting account or on purchases made through their own billing account. Self-referral through your own affiliate link does not qualify for commission.
11.1
TopHostingInIndia.com will use reasonable efforts to protect and back up client data regularly; however, we do not guarantee the existence, accuracy, or regularity of our backup services, and you are solely responsible for maintaining your own backup files.
11.2
Our backups do not include media files such as MP3, MPEG, WMV, or other audio/video files.
12.1
If paying by cheque, please allow 5 working days for it to clear before the Account is opened. If paying by postal order or cash, we will aim to set up your account the same day.
12.2
Invoices are generated 10 days before the due date. Payment must be made by the due date to avoid suspension. If no payment is received, the account will be suspended 5 days after the due date, and if unpaid a further 10 days after that, we reserve the right to permanently terminate the account and remove all data — a total of 15 days from the original due date.
13.1
You are responsible for any misuse of your Account and must take steps to prevent others from gaining unauthorized access to it. You may not use your Account to breach the security of another account, or attempt to gain unauthorized access to another network or server.
13.2 – 13.3
Your password provides access to your Account, and keeping it secure is your responsibility. Sharing your password or account access with unauthorized users is strictly prohibited, and you are responsible for the consequences if this occurs.
13.4
Attempting to obtain another user's account password is strictly prohibited and will result in termination of service.
13.5 – 13.7
You must adopt adequate security measures to prevent unauthorized use of your Account, and may not attempt to circumvent authentication or security on any host, network, or account — including accessing data not intended for you, using tools designed to compromise security (such as password-guessing or network-probing tools), or interfering with service to any user, host, or network, including DoS attacks or attempts to crash a host.
13.8 – 13.9
Violating systems or network security may carry criminal or civil liability, and TopHostingInIndia.com will cooperate fully with any resulting investigations, including with law enforcement. You agree to run your own virus checks in line with best practice before each operational use of the Services.
14.1
Our staff will not set up email accounts, sub-domains, add-on domains, or install applications on your behalf over live chat, ticket, or phone support — our team does not have access to your control panel login. Customers are expected to use our tutorials and knowledgebase to understand their control panel's features. Our support team will assist with anything that isn't working correctly or requires action on our end; basic tasks manageable from the control panel remain the Customer's responsibility.
14.2
You are responsible for uploading your website using File Manager or FTP software, uploading databases via phpMyAdmin, and setting up sub-accounts such as FTP, mailboxes, sub-domains, add-on domains, and parked domains from your own end.
15.1
TopHostingInIndia.com reserves the right to suspend or terminate services on receipt of abuse complaints.
15.2
An unconditional 7-day money-back guarantee applies to managed shared hosting, reseller hosting, semi-dedicated hosting, and VPS solutions. Domain registration fees and dedicated server packages are not covered. Refund requests after 7 days are refunded on a prorated basis for unused time.
15.3
Only first-time accounts are eligible for a refund. If you've previously held an account with us, cancelled, and signed up again — or hold a second account with us — you are not eligible.
15.4
There are no refunds for new domain registrations, ID Protect, WHM/cPanel, Plesk VPS & Dedicated Server licences, Virtuozzo, SSL certificates, or Site Builder, as these are purchased from external vendors and are non-refundable to us in the event of cancellation.
15.5
Service interruptions or downtime due to scheduled maintenance by us or our network providers do not count against the uptime guarantee. We are not liable for the failure of third-party services.
16.1
Dedicated servers and domain registrations are not included in the 7-day money-back guarantee. We reserve the right to decide whether to issue pro-rated refunds in such cases.
16.2
All subscribers to managed shared, reseller, VPS, and semi-dedicated hosting plans carry a 7-day unconditional money-back guarantee. If you find the service deficient or unsatisfactory, you're entitled to a full refund within the first 7 days of account set-up.
16.3
We also provide a price-freeze guarantee — you will never pay more than the amount you signed up for. We reserve the right to change resource allocations and the prices listed on our website for new customers.
TopHostingInIndia.com reserves the right to modify these terms of service at any time. All customers are bound by the latest terms published on this website.
18.1
We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion, upon 14 days' written notice.
18.2
We may suspend your Account immediately upon any breach of these terms and conditions, including late or non-payment of monies due.
On termination or expiry of your Account, for whatever reason, you shall pay all sums outstanding on your Account to TopHostingInIndia.com within 14 working days.
20.1
TopHostingInIndia.com disclaims all liability in connection with: (a) loss of uploaded material; (b) incompatibility of the Services with the Customer's equipment, software, or telecommunications links; (c) technical problems including errors or interruptions of the Services; (d) unsuitability, unreliability, or inaccuracy of the Services; (e) computer viruses of any kind obtained in the course of using the Services; and (f) any security breaches affecting the Customer's Account.
20.2 – 20.6
We are not liable, in contract, tort, or otherwise, for indirect, incidental, or consequential damages, including loss of income, data, use, or information — except where liability cannot lawfully be excluded, such as death or personal injury caused by our negligence, or fraudulent misrepresentation. Where liability does arise, it is limited to the annual fees you paid us in the year the liability arose, and only once satisfactory documentary evidence of loss has been provided. We are not responsible for content posted by Customers, for third-party goods or services advertised or sold through the Services, or for failures caused by circumstances beyond our reasonable control, including acts of government, war, strikes, or third-party service failures (including DNS propagation delays).
The Customer agrees to defend, indemnify, and hold TopHostingInIndia.com harmless from any demands, liabilities, losses, costs, and claims — including reasonable legal fees — arising from the acts or omissions of the Customer, its agents, or employees in connection with their use of the Services.
22.1
This agreement is governed by and construed in accordance with the law of India, and the parties submit to the exclusive jurisdiction of the Indian courts.
22.2
Both parties agree that a court may strike out or override any part of these terms it considers illegal, unenforceable, or unfair, and enforce the remaining terms as if the offending clause had never been included.
If anything here is unclear, or you'd like more detail on any clause, our support team is happy to help — get in touch with us.