Services may not be used without agreeing to the Terms. The Terms are accepted by the customer and hostingby.design whenever Services are ordered or paid for by the customer. The Terms are maintained independently of any other agreement between hostingby.design and the customer. Unless otherwise agreed in writing with hostingby.design, any secondary agreements between hostingby.design and the customer will always include at a minimum, the Terms outlined here. If a secondary agreement between hostingby.design and customer contradicts any attribute of Terms as outlined here, the secondary agreement shall take precedence. You may not use the services if you are not of legal age to form a binding contract with hostingby.design, or you are barred from receiving services under the laws of India or the country in which you will be using the Services.

General Terms of Service

1. Any content or action taken on any hostingby.design plan is the responsibility of the client. Any actions taken out on a userspace, authorized by the client or not, will reflect on
   the client themselves. The user is required to follow all Terms of Service outlined here and will be referred to as “TOS” henceforth.
2. The user is responsible for ensuring their services are suitably secured. hostingby.design has no liability if the user account is compromised with weak passwords or sharing of an account with friends, family or any third person.
3. The following tools/programs are prohibited to be run on any hostingby.design plan:
   
   • Tor relays/exit nodes
   • Hosting of proxies
   • Hacking tools
   • Spamming tools
   • Phishing
   • Fraudulent gateways
   • Any malicious content that could reflect poorly on hostingby.design
   • Mining tools
   • Peer-to-peer load balancers
4. All user resources must be configured with authentication. This includes any applications and prohibits the use of open directories.
5. Payments made are the responsibility of the client. Any unpaid invoices will result in the service for the said invoice being suspended, with eventual termination and deletion of all data if left unpaid. Any over-payments due to incorrect PayPal subscriptions are non-refundable. These payments will be added to the client’s account as a credit to be used on future invoices.
6. Please treat staff with respect at all times. In return, we will treat clients with respect. Any client being excessively rude will risk being banned from hostingby.design. 
7. Our services are not redundant and data loss can occur. We recommend backing up any important files to dedicated cloud hosts.
8. hostingby.design reserves the right to alter prices, storage quantities, network rates, network volumes, and computational capabilities of all services at its sole discretion.
9. We reserve the right to amend the TOS outlined here at any point in time, continued use of our services is dependent on the client following all these terms.

Sharing and Reselling (App hosting)

Allowing public access to our services is forbidden. This includes public http directories, hosting video streams or hosting public services. Any client found allowing public access to
any services will be asked to stop, failure to comply will result in account termination. 

Reselling of any aspect of our services is strictly forbidden. Any client found to be accepting money or other payments in exchange for any sort of access to our services will be
immediately terminated and ineligible for a refund.

•  Acceptable use policies (App+dedicated+VPS)
  • We run a zero tolance policy against SPAM coming from our servers, sending spam will result in the service being terminated on the first offence.
  • We run a zero tolance policy against public STREAMING sites on our servers, hosting such service will result in the account being terminated on the first offence.
  • Services will be terminated if the client is found to be hosting illegal content or content of offensive nature (Child porn, Copyright protected data, Extremist sites, Terrorist sites, etc).
  • Any type of script, code, or other file that performs harmful action, either to the user affected or as a bulk action triggered by the user.
  • Knowingly permitting or hosting malicious content is grounds for immediate termination, and a permanent ban from any future service.
  • All abuse notices will have to be responded to within 24hours to avoid the service being suspended, unresolved abuse cases will result in termination of the service after 72hours.
  • The terms on this page are subject to change at our sole discretion, it is always the clients responsibility to stay updated on the current regulations.
  • Refunds are not provided to clients that break our ToS and AUP.
  • We do not allow mining (Crypto) operations on our servers, this includes mining in itself but also hosting of mining pools.
  • We do not allow TOR exit nodes, although TOR relay nodes are allowed.

Fair Usage (App hosting)

Our services run on shared resources, as a result, it is the responsibility of the client to ensure that their activities do not negatively impact other client’s experiences. All Clients must
ensure that their resource consumption is within acceptable limitations. hostingby.design may stop, without warning, any applications that are negatively affecting other clients and has every right to regain control of the abused resource from users without prior notice. In extreme scenarios, the client’s slot may be suspended or terminated as the backbone of this policy is that everyone has a positive experience.

hostingby.design will not be liable nor responsible for any customer/user loss out of this arrangement, and there will not be any refund of customer paid fee. Users of all hostingby.design services agree not to interfere with other users in an unfair or malicious manner such that
other users are not able to receive the due level of services. 

Forbidden content

The following content is strictly forbidden:

• Tor relays and/or exit nodes
• Copyrighted content
• Child pornography
• IPTV hosting or sharing
• VOD (Video on Demand) hosting services of any kind
• Kodi add-ons and repositories
• Publicly hosted files
• Any hacking tools
• This list is subject to change without notice, make sure you keep up to date!

Payments

Our billing procedure is structured to ensure that you must have adequate time to pay your invoices, which are sent 7 days prior to the due date of the service with an invoice reminder sent 3 days prior. A service with an unpaid invoice after midnight on the due date will be suspended, then reminders will be sent out on the 1st, 2nd and 6th day. With further course of action the slot will be terminated and all data will be deleted permanently after midnight of the 5th day if the invoice remains unpaid. Any payments past 8th day will result in a new slot being created.

Refunds

Our refund policy is outlined in our knowledgebase

Failure to Pay

hostingby.design retains the right to remove or retain the content stored on hostingby.design’s servers in the event of nonpayment for the services.
Software & Service Updates
Any software provided with the Services may be updated or altered at any time. These changes are often to improve the quality of the Services and fix problems. You agree to receive such updates.

Common Carrier

hostingby.design and customer agree that hostingby.design is solely acting as a common carrier in its capacity of providing services. The customer agrees that they are the publisher of any material or information and responsible for it adhering to the Terms. The content distributed by customer is in no way reflective of hostingby.design. hostingby.design does not filter or inspect the content distributed by the customer using our service. All material stored or distributed by the customer is considered publicly accessible. hostingby.design’s  distribution of content provided by customer does not express or implies approval of material by hostingby.design, nor does it confirm that the material is in compliance with the Terms.

Notices

Any notice under these Terms may be e-mailed, delivered personally or to such other places as the parties may designate in writing.

Miscellaneous

This section includes legal terms and conditions declared by hostingby.design

Proprietary Rights

hostingby.design owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Compliance with Law

Through this agreement, Client accepts full responsibility and accountability for all the content stored on, downloaded to, or distributed from their Services with legal rights.

Content License

The customer retains copyright and all other rights they already hold in content which is stored on, or distributed through Services provided by hostingby.design. By storing or distributing content through Services, you give hostingby.design a perpetual, irrevocable, worldwide and royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, and publicly perform, publicly display and distribute said content using services. The customer agrees that this license includes a right for hostingby.design to make such content available to other companies, organizations or individuals with whom hostingby.design has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. You understand that hostingby.design, in performing the required technical steps to provide the Services to our users, may: a) transmit or distribute your content over various public networks and in various media b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media You agree that this license shall permit hostingby.design to take these actions. You confirm and warrant to hostingby.design that you have all the rights, power and authority necessary to grant the above license.

Limitation of Liability

hostingby.design is not liable for protection or privacy of any content transmitted through the Internet or any other network provider, or services the customer may use.

Indemnity

Customer agrees to defend, indemnify and hold hostingby.design harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by hostingby.design arising from or due to claims made by third parties (including customers of the customer) for their actions.

Force Majeure

hostingby.design shall not be liable to customer for any failure of performance under these Terms due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Indian government or of any other government (including provincial and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays. 

Nondisclosure

hostingby.design and the customer shall use their best efforts to keep the provisions (including price) of all agreements from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.

Relationship of the Parties

The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture or employee/employer relationship is
intended – unless otherwise specific in a separate agreement.

Waiver

Any party’s failure to insist on compliance or enforcement of any provision of these Terms shall not affect its validity or enforceability or constitute a waiver of future enforcement of
that provision or of any other provision of these Terms.

Attorneys’ Fees

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Terms, the prevailing party in such proceeding shall be entitled to recover its reasonable
attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to
commencing the proceeding.

Questions

Questions about the Terms Of Service? Contact us.

DISCLAIMER OF WARRANTIES

SERVICES PROVIDED BY HOSTINGBY.DESIGN ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. HOSTINGBY.DESIGN SPECIFICALLY DISCLAIMS ANY OTHER
WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL HOSTINGBY.DESIGN BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF HOSTINGBY.DESIGN HAS BEEN
ADVISED BY THE CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF HOSTINGBY.DESIGN’S SERVICE TO THE CUSTOMER IS DISRUPTED
OR MALFUNCTIONS FOR ANY REASON, HOSTINGBY.DESIGN SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.