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
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.
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:
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.
Privacy/GDPR Regulations
©2023 Copyright, All rights reserved, made with love and lots of Monsters
This will be the new name/home for our company moving forward, same solid base, same team, same company behind just a new structure, future and combined place for all of our products.
If you are in doubt on this, reach out via ticket, on our discord or send us an email on sales@hostingby.design