TERMS OF SERVICE:

It is essential that you read this TOS prior to purchasing any Service(s) from the company.

Hostnate provides web hosting, Doamin registration and Web Design services to clients worldwide. We have a liability to protect each client and provide the best services ever existing. If you receive the services of Hostnate are agree to the following terms of service:

Customer Information

Customer represents and warrants to Hostnate that the information he, she or it has provided and will provide to Hostnate for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Hostnate that he or she is at least 18 years of age. Hostnate may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

Account Setup / Email on file

We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is different from the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is always current or up-to-date. If you have a domain name registered with Hostnate, you must ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Hostnate is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government-issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent and denied.

Transfers: Our transfers team will try to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot guarantee the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if possible, to migrate some or all account data. We will try our best, but in some cases, we may need help to assist you in transferring data from an old host. The free transfer services are available for 30 days from your sign-up date. Transfers outside of the 30 day free period will incur a charge; please get in touch with a member of the transfers department with specific details to receive a price quote.

Payments and Renew

When you order to our domain and hosting, you are buying a pre-paid service. All payments will be paid in advance using bKash, Rocket, Nagad mobile banking, Bank Transfer and check. Renewal notices will be sent via email from 1 to 30 days before the renewal date. If you are unable to renew the service to the last renewal date, your hosting and domain will be suspended and we are not responsible for any data loss. For web hosting plans, we will not setup your account without any paying. Clients are encouraged to pay by bKash as it is the easiest way to handle payment at this time in Bangladesh.

Late Payments

All accounts are billed according to the dates they were first activation date. If you will not pay for service renew in 7 days before the renewal date, your account will be suspended as the end date of payment. If you will not pay for service renew in 15 days after suspended, your account will be terminated. You will receive some email reminders till deactivation.

Cancellations and Refunds

Hostnate reserve the right to cancel, suspend and restrict access to the account at any time with or without notice. If you are unhappy with the services you receive from Hostnate during the first 30 days of service received (Only Hosting), you may request a full refund. You must describe a detailed reason as to why you are canceling. If we are unable to solve the problem within a short time, we will provide a full refund to you. If clients violate the terms and conditions and suspended in that case refund will not be offered even if asked for cancellation and then agreed to continue using services can’t ask a second time for a refund.

Domain Policy

We always appreciate your interest in our hosting services and domain registration, and we also take pride in our careful selection of domain names, focusing on uniqueness and relevance. However, we do not provide premium or 1-word/2-word domains for registration. Requests for such domains will not be entertained under this policy.

Also, without completing email verification, you cannot be assured about your domain registration, as Hostnate always reserves the right to suspend or cancel your domain registration. So email verification is a must.

Content

All services provided by Hostnate may only be used for lawful purposes. The Bangladesh Cyber Act 2006 laws and any further amended laws apply.

The customer agrees to indemnify and hold harmless Hostnate from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another copyright will be expeditiously removed, or access to the material will be disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@hostnate.com with the information required. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)

Hostnate services, including all related equipment, networks and network devices, are provided only for authorized customer use. Hostnate systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Hostnate system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Hostnate may, at its discretion, request and require documentation to prove access to a third-party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and we will have a response within 48 hours.

Sites hosted on Hostnate.com service(s) are regulated only by Bangladeshi law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Hostnate.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case, in which a court order indicates material is defamatory, libellous, or slanderous in nature, we will disable access to the material. Similarly, in any case, in which a Bangladesh Court has placed an injunction against specified content or material, we will comply and remove or disable access to the material in question. The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like hostnate.com and many of Hostnate.com other web hosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content. Any creation or publication of content on our services is the sole responsibility of the third-party user who creates or publishes the content. Therefore, hostnate.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under hostnate.com web hosting service(s).

If in doubt regarding the acceptability of your site or service, don’t hesitate to get in touch with us at abuse@hostnate.com, and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or link to child pornography will be suspended immediately without notice.

Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure, and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Hostnate not with standing any agreement by Hostnate to provide back up services.

Copyright Files

All files stored on Hostnate's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mails, bulk emailing, and spam. Safe lists and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes but is not limited to, SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Hostnate reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion. Hostnate reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Hostnate.

Customer's Account Privacy

We understand the importance of providing exceptional technical support to our clients. To ensure the efficient resolution of technical issues, we may need to access our clients’ accounts. Our team will only access the client’s account as needed to resolve the issue promptly such as email problems, website content issues, file permission issues, most importantly spamming issues and so on if necessary. We will take all necessary measures to protect the confidentiality and integrity of the client’s data and account information. We are committed to providing the best technical support to our clients while upholding their privacy and security.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfers in one month cannot be carried over to the next month.

Uptime Guarantee

If your shared / reseller hosting has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Hostnate, dependent upon the justification provided. Third-party monitoring service reports may not be used for justification due to various factors, including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server, which may differ from the uptime reported by other individual services. To request a credit, please get in touch with sales@hostnate.com with a justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down, which is not related to our uptime guarantee.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Hostnate harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Hostnate, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hostnate against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostnate; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Hostnate’s server.

Disclosure to law enforcement

Hostnate may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.