Policies / User Agreement

These Policies, Guidelines, and Disclaimer are intended for all domains residing on CPHosting servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing non- virtual hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

RESELLER’S:
Resellers and their clients are bound by these same Policies, Guidelines and Disclaimers. By reselling and purchasing CPHosting service’s, you hereby agree that CPHosting shall not be held liable for any promises or failure of same that Reseller’s extend to their clients, including but not limited to, quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by CPHosting. It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).

UNACCEPTABLE ACTIVITIES:
SPAM and Unsolicited Commercial Email (UCE):
CPHosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CPHosting may not use or permit others to use our network to transact in UCE. Customers of CPHosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of CPHosting SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CPHosting will initiate an immediate investigation (within 24 hours of notification). During the investigation, CPHosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CPHosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, CPHosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CPHosting will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in suspension of outgoing mail service. A second violation will result in immediate suspension of  your hosting your account.  If violations continues your hosting account will be cancelled with 48 hour notice. As our Customers are ultimately responsible for the actions of their clients over the CPHosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Prohibited Activities.

By using any Services, provided by CPHosting You agree:

not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.

not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.

not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.

not to make, attempt or allow any unauthorized access to CPHosting website, servers, your own hosting account or the account of any other customers of CPHosting .

not to allow any remote code execution of malicious software through the hosting account provided by CPHosting .

not to cause denial of service attacks, port scans or other endangering and invasive procedures against CPHosting servers and facilities or the servers and facilities of other network hosts or Internet users.

not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.

not to use CPHosting services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.

not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), cryptocurrency miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

not to engage in or to instigate actions that cause harm to CPHosting or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. CPHosting reserves the right to refuse service to anyone upon Our discretion. Any material that in CPHosting judgment, is either obscene or threatening is strictly prohibited and will be removed from CPHosting servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, CPHosting will take corrective action upon our own discretion and will notify You. CPHosting decision in such case is binding and final, and cannot be a subject of a further change. CPHosting cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to CPHosting or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. CPHosting will not be liable for any loss or damages in such cases.

not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, CPHosting reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. CPHosting further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

Remote Domain Policy:
CPHosting do not allow “Remote Domain” to be added to any hosting account on the server. “Remote Domain” is a domain which is either Unregistered Domain or not using our name servers or it is not pointing to any of our services.   This measure is taken for security reasons.

This policy is also applicable on reseller accounts.

When domain becomes remote it must be removed / terminated by user within 7 days.  Example, if your-domain.com was a registered domain and hosted on CPHosting servers and it was moved to another hosting provider or expired, users are required to terminate / remove such domains within 7 days.

CPHosting reserves rights to remove / terminate remote domains by giving 48 hours notice.

Bulk Emailing Policy:
CPHosting do not allow bulk emailing through its servers. Account / Domain relaying more then 200 emails recipients per day is considered bulk emailing account. If account falls under bulk emailing account category then you must email support at CPHosting and ask for permission. Doing bulk emailing without prior permission from CPHosting support may result in suspension of outgoing email service without any notice. CPHosting host lot of business customers. It has been our experience that bulk emailing do result in server blocking, let it be legit and fully opt-in. The policy also apply to all resellers and accounts hosted under resellers.

Other activities:
Other activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by CPHosting by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person’s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly “mailbombed” or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first by contacting abuse / support team.

Age:
The client must be 18 years of age to obtain our service.

Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. CPHosting supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, CPHosting will not substitute itself for a court of law in deciding tort claims raised by the third party. Abuse of the law:

CPHosting services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG’s, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating Indian export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. CPHosting reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography:
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of CPHosting servers.

Abuse of CPHosting Server Resources:
Running programs in the background on a CPHosting server without CPHosting prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of CPHosting servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, you will be contacted and asked to eliminate the problem. In addition, any domain that exceeds more then 1 gigabytes of bandwidth traffic then the allotted traffic can be paused without prior notice.

Unlimited Disk Space and Unlimited Bandwidth Usage Policy:
Unlimited Disk Space is specifically provided as a feature to allow website owners the flexibility of maintaining a volume or collection of files that are active on a website and is not intended for massive server storage. CPHosting provides Unlimited Disk space in some plans including reseller plans. Unlimited disk space can not be used to store, images, movies, mp3 files, compressed files, backups, emails greater then 50kb in size, files larger then 1mb in size. Individual Users are also restricted to store not more then 100,000 files under any domain including email files and 500,000 files for all accounts hosted under reseller plans that includes email files for all accounts hosted under reseller account. Any user found abusing unlimited disk space policy will be asked by our engineer to reduce their usage within 48 hours. In case of no response from user or refusal to comply, CPHosting reserve rights to suspend such account with 48 hours notice and delete files after 7 days notice to user. Unlimited Web Hosting accounts have a few server limitations which include restricted 1 CPU Core usage at all times, 100 emails per hour, 20 concurrent database connections and maximum 40 active http connections.

Hacking/Cracking:
CPHosting reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

OTHER BEHAVIOR:
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse team, Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

CLIENT RESPONSIBILITY:
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. Use of CPHosting service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of CPHosting to provide this knowledge or support outside matter specific to CPHosting servers.

BACKUPS:
Full backups are made frequently. No guarantees are made of any kind, either expressed or implies, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content or any important information. If loss of data occurs due to an error of CPHosting , CPHosting will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, CPHosting will attempt to recover the data from the most recent archive for a $10.00 fee.

IP NUMBERS:
CPHosting maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

MONEY BACK Policy:
CPHosting offers unconditional 30 days money back guarantee only on web hosting services for new customers.  No Refunds will be issued after 30 days for any payment made to CPHosting under any circumstances.

Money Back Guarantee does not apply to domain registration, web design, web development, server management services or any other services.

ChargeBacks:
There is $50 chargeback fees charged by CPHosting in addition to the actual amount in case of any chargebacks on any payments made to CPHosting . Further CPHosting reserves rights to handover such cases to collection agencies for recovery of funds. Customer is responsible to pay charges for collection agencies appointed by CPHosting to recover payments.

DOMAIN NAME REGISTRATION:

Registrants Rights and Responsibilities.

CPHosting does not guarantee registration of any domain name ordered. If domain name become unavailable due to delay in payment transaction or any other fault which may include transaction error or any other reasons including any human error at CPHosting , CPHosting will be bound only to the invoice amount charged for that particular domain name.

CPHosting is not registrar for domain names. CPHosting register domain name through third parties. If client is registering domain name through CPHosting he is bound by all the policies or Agreement of InterNIC and TUCOWS Inc. For more information about InterNIC user agreement / policies you may visit www.nic.org or TUCOWS Inc domain registration agreement page.

In order to change any of your account information for domain registration, you must use your Account Identifier and Password that you selected when you are registering your domain. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we or our domain registrar be liable for the unauthorized use or misuse of your Account Identifier or Password.

CPHosting is not bound in any conflict with any third party, individual, InterNIC or any other legal body related to domain name. Any such conflict which may arise will be handled by the customer who is registering domain name directly with domain registrar used for domain registration.

SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99.9% (Service Uptime Guarantee) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over CPHosting , or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, CPHosting may immediately terminate this Agreement.

Jurisdiction:
All legal matters are subject to jurisdiction of Thane. India.

LIMITATION OF LIABILITY:
CPHosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CPHosting servers going off-line or being unavailable for any reason whatsoever. Further, CPHosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of CPHosting servers. All damages shall be limited to the immediate termination of service. CPHosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies. CPHosting reserves the right to terminate an account at any time and for any reason that causes harm to any CPHosting customer’s web sites. CPHosting reserves the right to delete all content and files upon termination. CPHosting reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. CPHosting reserves the right to refuse, cancel, or suspend service at our sole discretion.

CPHosting reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Violations of these Policies should be referred to abuse@cphosting.com

All complaints will be investigated promptly.