Terms Of Service
The use of services from HostCircle.com, referred to as "HostCircle", "HC" hereafter constitutes agreement to these terms of service.
The following terms and conditions affect your rights and limit out liability. Please read them carefully.
1)Data
We, at HostCircle, will take immense care and give our fullest effort to safeguard the data stored in hard drives, network storage, back-up space and any other storage media related to HostCircle. When deploying the services related to data integrity, data security, data transmission and data retention, HC agrees to use the best practices that are commercially reasonable. The customer is ultimately responsible for the data integrity, data security, back-up and ownership of data; and any loss that may arise due to loss of data. HostCircle will not hold responsible for any loss due to loss of data.
2)Charges
The customer will pay for all the services offered by HC including, but not limited to, any current, state and local taxes, use of Value Added Services, import/export, excise duty, service tax, and any other tax associated with the service. All payment must be pre-approved by HC and must be made via electronic means. HC has rights to charge the customer for bandwidth over usage, late fees and any such penalty. The customer will be charged a late payment fine of $20 and customer account reactivation of $45. The customer is required to pay the fees without delay, refusing thereof, HostCircle has rights to collect it by using the service of a collection agent/attorney. The customer is also liable to pay the charges incurred by HostCircle due to the enforcing agent.
3)Payment
The customer agrees to pay the first month fees for the service in advance including the set-up fees (if any). Only after the complete payment of the first month fees, HC will commence the required service.
4)Cancellation Notice
All cancellation must be informed to HC via e-mail/support ticket/telephone/fax/hand-written document at least 7 days prior to the next billing cycle. Failing to do so, HC assumes renewal of the contract agreed previously.
5)Customer's Information
All customer information are stored in HC servers and will not be shared/sold/rented to any third-party agencies. The customer is responsible for providing a valid email id and contact address, failing to do so will result in immediate termination of service. The customer is also responsible for providing the primary contact email id which is not under the domain used in the hosting account. The customer is also responsible for regularly checking the email notifications by HC. In services involving high risk, the customer may be asked to provide a copy of a valid government issued identification and scanned copy of the credit card used for the payment.
6)Termination of Account
HC has the rights to terminate any account on any abuse of service provided by HC and/or violation of Acceptable User Policy (AUP). The customers are required to read the AUP carefully.
7)Resource usage (Shared Hosting)
Please check if your website traffic is suitable for a shared hosting before sign up.
- You are not allowed to use more than 20% of the system resources for more than 120 seconds. If you break this rule, your account will be terminated/suspended without warning.
- You are not allowed to run un-attended scripts on the server at point of time.
- You are not allowed to host any games on the server such as counter strike, battlefeild1942 etc\
- You are not allowed to run Cron jobs frequently.
- Any cron job run by your website should not be more than 10 mins.
- Rapidleeching strictly not allowed.
- No p2p or file sharing activities.
- IRCD (IRC) strictly not allowed.
- You are not allowed to run any spider or indexing services.
- Bit torrent tracker strictly not allowed.
- Its your responsibility to keep the scripts that you use on the server under control.
- You are not allowed to run sites with banners, graphics or cgi's running from their domain being used on other domains.
- You are not allowed to run sites with immense graphic archives or galleries.
- You are not allowed to run sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
- You are not allowed to run sites running large chat room gatherings.
8)Refund policy
The customer shall claim refund using the 30-day money back guarantee offered by HC, before the offer period ends. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Western Union Payments
The set-up fees, one-time fees, late payment fees, additional service fees, value added services and other such fees are not refundable whatsoever.
9)Disputes
The customer is encouraged and requested to open a support ticket with the billing department for any billing errors. Failing to do so, HC shall not accept any claims by the customer by any other means.
We will not entertain any customers to take any issues to any public places. We allow our clients to post review about our service (positive or negative) in any public places like forums but we strictly prohibit our clients from posting sensitive information, ticket replies and other details. Doing so we are entitled to take legal action against you.
Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a HostCircle Web Hosting server or using an email address that is maintained on a HostCircle Web Hosting machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
HostCircle Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, causing extreme server loads and/or preventing other people from accessing the services provided. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST. Sites with large mailing databases, need to be placed on dedicated server or VPS platform.
HC has rights to add, delete or modify the terms given in this agreement. It is the customer's responsibility to check for changes time-to-time.
