Terms Of Service

Overview

Please read these Terms and Conditions (“Terms”, “Terms and conditions”) carefully before using the hostnats.com and portal.hostnats.com website (the” Service”) operated by Skynats Technologies (“us”,” we”, or “our”). These Terms of Service are an agreement (the “Agreement”) between Skynats Technologies, (“Hostnats”) and you (“Client” or “you” or “your”). This Agreement states the terms and conditions of your use of the products and services (the “Services”) made available by hostnats.com and portal.hostnats.com website. Your access to and use of the Service and Products is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and products. By using any of the Services, you agree to be bound by all of the terms and provisions of the Agreement. If you disagree with any part of the terms then you may contact us.

Links To Other WebSites

Our Service/Products may contain links to third-party websites or services that are not owned or controlled by Hostnats.Hostnats has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Hostnats shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third-party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific third party provider with whom you are dealing. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Use Of The Services

All Services may only be used for lawful purposes. The laws of the Indian Republic apply to all Clients of Hostnats.com. You agree to indemnify and hold harmless Hostnats from any claims resulting from your use of Hostnats Services. You represent and warrant to Hostnats that you are 18 years of age or older. Any use of or access to the Services by anyone under 18 years of age is prohibited. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf concerning any actions you take in connection with the Services. Use of the Hostnats 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 violate another’s copyright will be expeditiously removed, or access to the material 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 [email protected] with the information about your claim. Using a shared account as a backup/storage device is not permitted, except for one cPanel backup of the same account. Please do not take backups of your backups.

Spam Policy

Hostnats has zero-tolerance for Clients sending unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any Client who sends out spam will have such Client’s account terminated, and may be terminated without notice. Hostnats also reserve the right to charge Clients who engage in spam mailing a consulting fee of $150 per hour for any remedial actions that Hostnats elects to take if, as a result of a Client’s activities, Hostnats servers or IP space are placed in any third-party mail filtering software or blackhole lists. Hostnats also reserves the right to require all client’s requesting more than 32 IP addresses to pay a deposit of up to $500 to be allowed to send emails. The deposit will be refunded at cancellation time, as long as no spam complaints have been received.

Backups And Data Loss

Your use of Hostnats Services is at your sole risk. Hostnats servers are set up with RAID to constantly mirror all data to a second disk. Hostnats is not responsible for files and/or data stored on Hostnats servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Hostnats servers.

Installation and Migration Services

Seven-day free support will be given to any installations and migrations done by the Hostnats team. No support will be given to these services after seven days, including troubleshooting any problems that occur caused by the services unless Skynats Technologies so chooses. SkynatsTechnologies reserves the right to refuse additional support. Once a ticket is deemed “closed” and payment has been made Skynats Technologies has the right to refuse any future service and/or support relating to the ticket. All installation and migration tasks are subjected to advance payment. Hostnats does not store or transmit any server information of the clients in whatsoever format or event.

Backups Service

Your use of Hostnats Backup Service includes the fee associated with Hostnats setting up your initial backup service, as well as all support requests you may put in related to your backups service. It is your responsibility to ensure the integrity of your backups. Hostnats assumes no liability related to the validity, and or integrity of the data contained within your backups. You are responsible for notifying Hostnats, should you believe there is a problem with your backups.

Unlimited Hosting Policy

Hostnats unlimited hosting plan has a disk usage Cap of 250 GB and domain cap of 50. These limits are set in place to monitor the server performance and usage. If any customer need more resources on their platform they must contact the Hotsnats through ticket/email to increase the cap of specific services. Unlimited Hosting may not be used for massive file storage systems or backup storage solutions including torrents and mirrors. The unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted. If a Client causes continuous server or service interruptions under their current plan, then they will be asked to upgrade to a more powerful plan (VPS, or Dedicated). In these extreme cases, the client will be notified of the need to upgrade. We will NEVER terminate a Client’s account, and we will only suspend accounts in the most extreme circumstances (in the event of causing the server to crash), or if the client has not contacted us after we send out warning emails of the abuse.

Abuse Towards Hostnats

At Hostnats, Clients are treated with respect. In return, Hostnats expects an equal level of respect from their Clients. If Hostnats feels at our sole discretion that a Client is being disrespectful, abusive or demeaning towards any staff member, the Client may be asked to move to a new hosting provider. That Client will then be given one week (7 days) to move to a new host. After this period, Hostnats reserves the right to completely remove/terminate the Client’s account. The Client will not be entitled to any refunds. However, refunds may be issued for advanced payments if Hostnats chooses to do so.

Promotion Code Usage

Any Client caught signing up with multiple accounts to take advantage of our promotion code offers will have their accounts merged, suspended, and billed for the full amount that would be due had the Client not created multiple accounts to take advantage of offers more than once. The accounts will not be unsuspended until the amount due is paid in full. Client’s who take advantage of a lifetime recurring promotion, are entitled to the usage of said promotion for the lifetime of the product it was originally applied to, any downgrades or upgrades will remove the promotion from the client’s product.

Server Abuse/Customer Abuse

Any attempted attack against any Hostnats server and/or Client being hosted by Hostnats will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and permanent banning of the offending Client.

Violation Of Service Agreement

Failure to fully comply with the Hostnats Service Agreement or this Agreement may result in an immediate suspension and/or termination without any refund. There will be no refunds for payments made in advance. Hostnats Clients must adhere to their Hostnats Service Agreement and with this Agreement. If a client is uncertain about the terms of the Hostnats Service Agreement or this Agreement or has any other questions about these Agreements, they should contact Hostnats via the Hostnats support portal (client area) for clarification. Hostnats reserves the right to remove/suspend any account without notice of the Hostnats Service Agreement or this Agreement is violated. If a Client violates the Hostnats Service Agreement or this Agreement, Hostnats will either give the Client warning, if Hostnats so chooses or immediately terminate/delete Client’s account. No warning is required.

Price/Plan Changes

The amount a Client pays for hosting will never increase from the date of purchase unless Hostnats incurs undue costs associated with providing the service. In this event, Hostnats will provide all affected clients with a minimum of 30 days notice. Hostnats reserves the right to change prices listed on https://www.hostnats.com.Response Time and Resolution TimeWhile Hostnats makes its best efforts to complete any submitted tickets as soon as possible, Hostnats is not able to guarantee the resolution time of any ticket. However, response times are guaranteed to be within 12 hours of the time a ticket was submitted. Tickets submissions are only via the helpdesk and do not include any type of instant messenger support request. The customer also understands that a ticket is required for any action to occur; instant messaging is provided only as a courteous service.

Changes To The Agreement Or To The Services

Hostnats may modify, add, or delete portions of this Agreement at any time. Hostnats will post a notice on the Hostnats website for 30 days before the effective date of any such change. Thereafter, your use of any of the Services shall constitute agreement to such change. Hostnats may modify, change, or discontinue any aspect of the Services at any time.

Cancellations

All cancellation requests must be submitted in the client area and confirmed in the ticket that is generated from this action before the next billing cycle begins. Failure to do this will result in you being automatically billed, for which refunds will not be given. All cancellations once confirmed, are processed immediately, resulting in the service and data it held being purged from our systems. Please ensure you have full backups of all of your data before submitting the said request. Cancellation requests must be submitted directly on the product page and the ticket that results from that must be confirmed. Attempting to cancel through any other form of contact or method would not be considered a valid cancellation request. Hostnats does not charge late fees, however, if a service is paid for late, the next due date for the service will not be adjusted. Services that are not properly cancelled through the appropriate methods will remain active. If a Client has multiple services with Hostnats, failure to pay one of their active services without a proper cancellation may result in their other active service’s suspension due to the account having an outstanding invoice. Hostnats will send several reminders and warnings before this action given the severity of full account suspension. Custom Dedicated Solutions must have a cancellation request received at least 14 days before the next bill is due, failure to provide written cancellation before this deadline will result in automatic renewal.

Termination

Hostnats may terminate your access to the Services, in whole or in part, without notice if: (i) you fail to pay any fees due; (ii) you violate this Agreement; or (iii) as otherwise specified in this Agreement. In such event, Hostnats shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all charges accrued before the effectiveness of such termination. Upon the termination of the services for any reason, user content, user websites, and other data will be deleted. Any recurring service with an outstanding invoice more than thirty (30) days may be terminated. Upon service termination, all data, including backups, will be deleted and will no longer be recoverable.

Account Credits

All account credits are tied to the account on which they were originally added. Account credits will not be refunded back to the Client.

Chargebacks And Disputes

If we are notified that a chargeback or other dispute is filed, all of your active services will be immediately terminated from our system, and your account will be immediately closed. Threatening to chargeback in any communication with Hostnats, can at Hostnats sole discretion result in permanent account closure.

Disclosure To Law Enforcement

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

Hostnats Proprietary Content

Except for the content provided by Client, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (“HOSTNATS Content”), are the property of Hostnats. Hostnats Content may not be used, modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. The client may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Hostnats Content.

Disclaimer

Hostnats shall not be responsible for any damages a Client’s business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any service interruptions caused by Hostnats and its Clients. Hostnats makes NO WARRANTIES of any kind, expressed or implied for the Services provided. Hostnats makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose. IN NO EVENT WILL HOSTNATS ITS PARTNERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTNATS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, Hostnats LIABILITY to you, or any party claiming through you, FOR ANY CAUSE whatsoever, and regardless of the form of the action, is LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTNATS FOR THE SERVICES IN THE THREE (THREE) MONTHS BEFORE THE INITIAL ACTION GIVING RISE TO LIABILITY. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

Governing Law

These Terms shall be governed and construed following the laws of Kerala, India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Hostnats regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Entire Agreement

This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties concerning the subject matter hereof, and this Agreement and such other agreements constitute the sole and entire agreement between the parties concerning the matters covered hereby.