Legal

1. Overview

This Terms of Service Agreement (this “Agreement”) is entered into by and between Biztation LLP (hereinafter referred to as Hostloom.com) and You (the “User”), and is made effective as of the date of your electronic acceptance.

This Agreement sets forth the general terms and conditions of your use of Hostloom.com services (“Services”) purchased or accessed through the Hostloom.com website (this “Site”), and is in addition to (and not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through Hostloom.com.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:

• Privacy Policy
• Acceptable Use Policy

The terms “we”, “us” or “our” shall refer to Hostloom.com. The terms “you”, “your”, “User” “Subscriber” or “Customer” shall refer to any individual or entity who accepts this Agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Hostloom.com, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Hostloom.com may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made shall constitute your acceptance of this Agreement. If you do not agree to be bound by this Agreement as revised, do not use (or continue to use) this site or the services found at this site.

2. Eligibility And Authority

This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “Customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Hostloom.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Hostloom.com shall not be liable for any loss or damage resulting from Hostloom.com’s reliance on any instruction, notice, document or communication reasonably believed by Hostloom.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Hostloom.com reserves the right (but undertakes no duty) to require additional authentication from you.

(a) gTLD domain names registered through Hostloom.com will be sponsored by Resellerclub.com.

3. Accounts

In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to Hostloom.com that all information you submit when you create your Account is accurate, current, and complete, and that you will keep your account information accurate, current, and complete. If Hostloom.com has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, Hostloom.com reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer number/login, password and payment method(s). For security purposes, Hostloom.com recommends that you change your password at least once every six (6) months for each account you have with Hostloom.com. You must notify Hostloom.com immediately of any breach of security or unauthorized use of your Account. Hostloom.com will not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by Hostloom.com or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.

3.1 The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation.

3.2 A Registered Name Holder’s willful provision of inaccurate or unreliable information, its willful failure to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Hostloom.com concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.

3.3 Any registered name holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.

3.4 The Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

3.5 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.

3.6 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

3.7 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.

4. Rules Of Conduct

You agree not to host, display, upload, modify, publish, transmit, update or share any information that —

1. i) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
2. ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii) harms minors in any way;

1. iv) infringes any patent, trademark, copyright or other proprietary rights;
2. v) violates any law for the time being in force;
3. vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii) impersonates another person;

viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

1. ix) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

Further, you acknowledge and agree that:

• Your use of this site and the services found at this site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
• You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
• You will not use this site or the services found at this site in a manner (as determined by Hostloom.com in its sole and absolute discretion) that:

Is illegal, or promotes or encourages illegal activity; Promotes, encourages or engages in child pornography or the exploitation of children; Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; Promotes, encourages or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking; Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; Interferes with the operation of this Site or the Services found at this Site; Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Hostloom.com or Hostloom.com’s Services.

• You agree to back up all of your User Content so that you can access and use it when needed. Hostloom.com does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
• You will not use this Site or the Services found at this Site, including any of Hostloom.com’s related technologies, for any commercial use without Hostloom.com’s express prior written consent.

Hostloom.com reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any of our employees or support staff or its Authorized Users will result in immediate Account termination.

No refund will be processed if you violate any of the above “Rule of Conduct”.

5. Monitoring Of Content And Account Termination Policy

Hostloom.com generally does not pre-screen User Content (whether posted to a website hosted by Hostloom.com or posted to this Site). However, Hostloom.com reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Hostloom.com may remove any item of User Content (whether posted to a website hosted by Hostloom.com or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Hostloom.com in its sole and absolute discretion), at any time and without prior notice. Hostloom.com may also terminate a User’s access to this Site or the Services found at this Site if Hostloom.com has reason to believe the User is a repeat offender. If Hostloom.com terminates your access to this Site or the Services found at this Site, Hostloom.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

6. Additional Reservation Of Rights

Hostloom.com expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Hostloom.com in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Hostloom.com in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Hostloom.com, its officers, directors, employees, and agents, as well as Hostloom.com’s affiliates.

Hostloom.com expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

Hostloom.com reserves the right to terminate or suspend accounts of its customers due to non-payment of any pending invoices in their name.

7. No Spam Policy

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Hostloom.com, but also because it can overload Hostloom.com’s network and disrupt service to Hostloom.com’s subscribers. Also, maintaining an open SMTP relay is prohibited. In such cases, no refund will be provided.

8. Service Level Agreement

Hostloom.com is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the term of the applicable Master’s Agreement, the Services will be operational and available to you as a customer for a guaranteed time in any calendar year.

Hostloom.com aims to achieve 99% Service Availability of its Services for all customers. In case of failure of Hostloom.com to meet the guaranteed level of service, you will be eligible to receive the Service Credits as described below, with the credit being calculated on the basis of the monthly service charge for the affected Services:

Terms Availability

But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

• Circumstances beyond Hostloom.com’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, failure of third-party software (including, without limitation, eCommerce software, payment gateways, chat, statistics, or free scripts);
• Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against Hostloom.com’s network;
• Scheduled maintenance and system upgrades, or emergency maintenance;
• Any DNS or Domain Name Registry issues outside the direct control of Hostloom.com including DNS and Registry propagation issues and expiration;
• Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., ASP, CGI, HTML, Perl, etc.), any negligence, willful misconduct, or use of the Customer’s account in breach of Hostloom.com Terms and Conditions and Acceptable Use Policy;
• Issues with third-party email systems, including refusal or rejection of email by third-party mail systems;
• Delays in email delivery;
• False SLA breaches reported as a result of outages or errors of any Hostloom.com measurement system;
• Outages elsewhere on the Internet that hinder access to your account.

In order to receive a credit, customers must make a request by contacting Hostloom.com. Each request must include the following: customer name, username, domain, and date/time of the service disruption.

9. Retention & Backup Policy & Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Hostloom.com performs backups of shared servers; however, these backups are for Hostloom.com’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers or other third-party backup service providers. Hostloom.com does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Hostloom.com’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site contents to your personal computer or third-party server! We make no guarantees about the availability of backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Hostloom.com servers.

The system logs of the servers would be retained as a backup in our server for at least 1 (one) month from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.

In case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Hostloom.com user agree that in no case, Hostloom.com can be held responsible for the loss of data in any circumstances.

10. Trademark And/Or Copyright Claims

Hostloom.com supports the protection of intellectual property. Further:

1. a) Customer shall ensure that by availing any website services, they are not infringing upon any intellectual property rights or other rights of any person or entity or does not publish any content that is illegal while using services under this Agreement.
2. b) Customer acknowledges that com cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
3. c) Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
4. d) In case of any notice received under DMCA or otherwise for Intellectual Property violation, com reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.

If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in the Electronic Communications/Notices section of this agreement.

11. Links To Third-Party Websites

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Hostloom.com. Hostloom.com assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Hostloom.com does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Hostloom.com from any and all liability arising from your use of any third-party website. Accordingly, Hostloom.com encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. Disclaimer Of Representations And Warranties

You specifically acknowledge and agree that your use of this Site and the Services found at this Site shall be at your own risk and that this Site and the Services found at this Site are provided “as is”, “as available”, and “with all faults.” Hostloom.com, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Hostloom.com, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this Site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising, or otherwise) to this Site, and/or (iii) the Services found at this Site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this Site, and Hostloom.com assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Hostloom.com, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives) will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this Site or the Services found at this Site, and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

13. Limitation Of Liability

In no event shall Hostloom.com, its officers, directors, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:

(i) the accuracy, completeness, or content of this Site; (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising, or otherwise) to this Site; (iii) the Services found at this Site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this Site; (iv) personal injury or property damage of any nature whatsoever; (v) third-party conduct of any nature whatsoever; (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information, or other information and data stored therein; (vii) any interruption or cessation of services to or from this Site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this Site; (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this Site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this Site; (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated,” obscene, or otherwise objectionable; and/or (x) any loss or damage of any kind incurred as a result of your use of this Site or the Services found at this Site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Hostloom.com is advised of the possibility of such damages.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.

In addition, you specifically acknowledge and agree that in no event shall Hostloom.com’s total aggregate liability exceed the total amount paid by you for the particular Services that are the subject of the cause of action.

The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

14. Indemnity

You agree to protect, defend, indemnify, and hold harmless Hostloom.com and its officers, directors, employees, and agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Hostloom.com directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

15. Force Majeure

Either party to this Agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

16. Fees And Payments

You, as the Subscriber, agree to pay all applicable fees for Services in effect at the time of your registration, purchase, or renewal of services with Hostloom.com, subject to the terms outlined in this Agreement. All payments must be made in advance, and services will not be provided until payment is received in full. You also agree to keep your billing information, email address, and all other contact information accurate and up to date to ensure proper billing and service continuity.

Automatic Renewal of Account:

• As a courtesy, Hostloom.com may automatically renew your account prior to its expiration, for the same duration initially selected, and charge the applicable renewal fee to your current payment method on file. This automatic renewal will occur at the then-current rate, which may differ from the rate when you first purchased the service.
• Hostloom.com will attempt to notify you of upcoming renewals at least 15 days prior to the expiration date of your account or domain.
• You are responsible for ensuring that your payment information is up to date, and Hostloom.com shall not be held liable for failed renewals due to outdated or incorrect payment details.

   

Automatic Renewal of Domain(s):

• As part of our service, Hostloom.com may automatically renew your domain(s) if they are registered with or transferred to Hostloom.com, charging the applicable renewal fee to your current payment method on file.
• It is your responsibility to ensure that your domain(s) are renewed successfully. Hostloom.com is not responsible for any failure to renew a domain due to inaccurate billing information or other issues outside our control.
• If a domain fails to renew, it may enter a “Redemption Period,” during which the domain will be inaccessible and can only be retrieved by paying a redemption fee along with the renewal fee. If the redemption process is not completed, the domain may be released for general registration.

   

Cancellation of Automatic Renewal:

• You may cancel automatic renewal for your account or domain(s) by providing Hostloom.com with a cancellation request at least 16 business days prior to the expiration date. This request must be sent via email or phone and must include verification of account or domain ownership.
• After cancellation, your services or domains will not automatically renew, and it will be your responsibility to manually renew them before they expire.

   

Non-Refundable Fees:

• Certain services offered by Hostloom.com are non-refundable, including but not limited to:
  • Domain name registrations and renewals
  • SSL certificates
  • Third-party services such as licenses or applications
  • Setup or administrative fees
• Any fees paid in connection with these services will not be refunded, regardless of whether the services are used or not.

   

Refund and Cancellation Policy:

• Please refer to the refund policy

   

Late Payments and Suspension of Services:

• If payment is not made by the due date, Hostloom.com reserves the right to suspend or terminate your account and associated services, including websites, emails, and domains.
• Late payment may result in a reactivation fee to restore services after they have been suspended.
• Services suspended for more than 30 days due to non-payment may be permanently terminated, and Hostloom.com is not responsible for any data loss resulting from the termination of services due to non-payment.

   

Price Changes:

• Hostloom.com reserves the right to modify prices for services at any time. Notice of price changes will be provided to customers via email or posted on the Hostloom.com website. Price changes will not affect services that have already been paid for but will apply to subsequent renewals and new purchases.
• Hostloom.com may introduce promotional or discounted pricing from time to time. Promotional pricing may only be available for new purchases and may not apply to renewals unless explicitly stated.

   

17. No Third-Party Beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

18. Compliance With Local Laws

Hostloom.com makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.

19. Governing Law

The Terms of Agreement and the relationship between you and Hostloom.com shall be governed by the laws of India. The Courts of law at India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issues arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.

20. Titles And Headings; Independent Covenants; Severability

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes as a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

21. Domain Renewal

Domain renewal notices are provided as a courtesy reminder, and Hostloom.com is not responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. It is the responsibility of the client to verify that the domain renewal is successful or not. Under rare circumstances, domain renewal may not happen due to technical reasons, and if there is any issue in domain renewal, the client should inform Hostloom.com within 7 working days. Hostloom.com accepts no liability for the loss of registration of any domain that has failed to renew due to late payments or technical faults beyond our control.

22. Domain Registration

It is the responsibility of the client to ensure that the domain registration is successful or not. Under rare circumstances, domain registration may not happen due to software error, network error, or any other unknown technical reasons. If there is any issue in domain registration, the client should inform Hostloom.com within 7 working days. Hostloom.com accepts no liability for the loss of any domain that has failed to register due to incomplete or incorrect information provided to us or technical faults beyond our control. Providing inaccurate information may impede the proper functioning of the domain, leading to potential suspension or locking of the domain.

23. Grievance Officer

Hostloom.com shall address any grievances of users, whether registered or not, with respect to the website content or any other aspects connected therewith, in a time-bound manner. For this purpose, Hostloom.com has designated a Grievance Officer in terms of the Information Technology Act 2000. The appointed officer shall acknowledge the complainant electronically and resolve the matter within the time specified in the Information Technology Law. The contact details of the Grievance Officer can be found on the Hostloom.com website.

24. Electronic Communications / Notices

Any notice or other communication required or permitted to be delivered to Hostloom.com under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when sent to our contact address specified on the Hostloom.com website by registered mail or courier.

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All official/legal communications and correspondences with Biztation LLP must be done in the English language only. Any correspondence received in any other language will not be permissible.

25. Your Responsibilities

It is your responsibility to comply with applicable law and obligations for the services used. You are responsible for the security of your website/content/images/files/anything stored on the server under your account and also for maintaining a backup of your content and removing malware/virus/malicious files immediately.

You must comply with the applicable law, including taking steps to ensure your content does not violate third-party rights or laws. Hostloom.com is not responsible for any issues or problems that occur due to malware or hacking even under managed support.

26. Pricing Policy

We reserve the right to change prices and the right to increase or decrease the amount of resources given to plans at any time with or without notice.

All Hostloom.com accounts may have licenses provided by an independent third-party services vendor (“TPSV”). Customers acknowledge that Hostloom.com is not responsible for any price changes made by the TPSV and agrees that any such price changes may apply to the customer at any time during the active service period.

27. Administrative Access

Hostloom.com reserves the right to reset the password on a server/website if the password on file is not current, so that we may perform security audits or corrections as required by our data center or other authorities. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their server to prevent downtime from forced password resets. Hostloom.com reserves the right to audit servers as needed and to perform administrative actions as needed. In some critical conditions, Hostloom.com will access, modify, or take necessary action on your website/server without your permission.

28. Client’s Responsibility For Legal Expenses Incurred By Hostloom.com

In the event of legal proceedings initiated against Hostloom.com on account of hosting a client’s website/email/files/servers, the client agrees to reimburse Hostloom.com for all legal expenses incurred, including, but not limited to, lawyer fees, transportation fees, court fees, and any business loss resulting from such proceedings.

29. VPN Use Prohibition

In light of increased regulations against the use of VPNs (Virtual Private Networks), the use of our servers/services for VPN creation is strictly prohibited. Hostloom.com reserves the right to take necessary action in the form of suspension or termination of accounts/servers without a refund, if it is found that the customer is using the services for VPNs.

30. Cloud/Backup Storage

It is the customer’s primary responsibility to take backups of cloud or backup storage products offered by Hostloom.com. We offer cloud/backup storage products without any backup guarantee and do not support recovery of data in case of unforeseen issues. Backup services are offered at an additional cost if opted for by the customer. In the absence of this add-on in the customer’s purchase plan, backup storage will not be available.

31. Marketing/Reference

The customer grants Hostloom.com a limited license to use the customer’s trade name and trademark for the limited purpose of referring to the customer in Hostloom.com’s marketing material, on the Hostloom.com website, and to use case studies conducted on behalf of or for the customer.

32. Others

1. a) Your account and data will not be available if the service is not renewed on time. The system will automatically delete your data if you fail to renew on time.
2. b) Domain registration is subject to the availability of the domain name at the time of registration.
3. c) com cannot be held responsible for any failure of domain or website transfers from other service providers. When transferring a domain from other service providers, under certain situations, it may not be possible to transfer it successfully due to incorrect EPP codes, domain blocking by other service providers, or other reasons. The user understands that it is their responsibility to ensure that the domain is either renewed with the other service provider or transferred to Hostloom.com successfully.
4. d) com provides dedicated servers based on virtualized environments to provide quality service and better uptime.
5. e) Inode Limit: The total number of inodes that can be used by a customer is based on the plan chosen and paid for. The inode limits per plan are available on the com website.
6. f) All suspended accounts, including reseller accounts/websites, will be terminated. It is the responsibility of resellers or clients to take backups before suspension.

    

33. KYC/Mobile Verification

In compliance with regulatory and legal requirements, Hostloom.com requires Know Your Customer (KYC) and mobile number verification for all customers. This is mandatory to ensure that the customer’s identity is verified and that their usage of our services adheres to applicable cybersecurity laws and regulations.

Hostloom.com reserves the right to suspend your account, website, or services if KYC or mobile number verification is not completed within the specified timeframe, typically within 24 hours of the request being made. You will receive a notification through email or phone requesting submission of the required documents and verification details. Failure to comply with the verification process may result in temporary suspension or termination of services until the necessary details are provided.

KYC Process:

1. Identity Verification: Customers are required to provide a valid government-issued ID such as a passport, driver’s license, or Aadhar card (for Indian customers). This will be used to verify the identity of the account holder.
2. Address Proof: A valid proof of address may be requested to ensure that the account holder’s address is accurate. Acceptable documents include utility bills (electricity, water), bank statements, or official government letters, issued within the last three months.
3. Business Verification (if applicable): For businesses or organizations using Hostloom.com services, additional documentation such as a certificate of incorporation, business registration, or tax identification number may be required to verify the legitimacy of the business entity.

    

Mobile Number Verification:

• Hostloom.com will send a One-Time Password (OTP) to the registered mobile number for verification. Customers are required to enter this OTP within the verification portal to confirm the validity of their contact number.
• Mobile verification ensures that the customer can be contacted in the event of any critical updates, service issues, or security notifications.

Hostloom.com also complies with requests from regulators and law enforcement agencies for customer information. In situations where regulators or law enforcement bodies request specific information regarding customer identity, activity, or transactions, Hostloom.com may redirect the request to the customer’s relevant third-party service provider or may fulfill the request directly, as required by law.

Consequences of Failure to Verify:

• Temporary Suspension: If the KYC or mobile verification is not completed within the required timeframe, Hostloom.com reserves the right to suspend access to your account, website, or associated services until the verification process is completed successfully.
• Service Termination: If verification is not completed despite multiple attempts to contact the customer, Hostloom.com may proceed with permanent termination of the account or services without liability, including the deletion of all associated data.

Hostloom.com takes customer privacy seriously and ensures that all documents provided during the KYC and mobile verification process are handled securely, in accordance with our Privacy Policy. Customer information is stored in a secure environment and will not be shared with unauthorized third parties.

If you need assistance or clarification regarding the KYC or mobile verification process, you can contact our support team through the customer portal or via email at support@hostloom.com.