TERMS OF SERVICE AGREEMENT
LAST REVISION: [01-08-2020]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, [https://www.domainhostia.in] (the "Website"), Domain Hostia ("Domain Hostia") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Domain Hostia reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Domain Hostia will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Domain Hostia encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Domain Hostia for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Domain Hostia sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Domain Hostia and its designated in house or third party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt out of future solicitations. 1. You may use the opt-out link found in any email solicitation that you may receive. 2. You may also choose to opt-out, via sending your email address to [[email protected]].
Proprietary Rights. Domain Hostia has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Domain Hostia. Domain Hostia also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third-Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Domain Hostia does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Domain Hostia does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Domain Hostia does not endorse the contents on any such third-party websites. Domain Hostia is not responsible for the content or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Domain Hostia is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Domain Hostia or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Domain Hostia a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Domain Hostia does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Domain Hostia is not liable for any damage or harm resulting from any posts by or interactions between users. Domain Hostia reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Domain Hostia deems objectionable, in MuscleUP Nutrition 's sole discretion.
Unlimited Usage Policy:
You are not allowed to use the unlimited hosting space for keeping/sharing files unrelated to the website. Keeping backups files on the server is also not allowed.
What "Unlimited" means
Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing.
What "Unlimited" DOES NOT mean
Domain Hostia employs complex mechanisms to protect its hosting Subscribers and systems from any kind of abuse. Domain Hostia's "Unlimited" hosting offering is not for single or few hosting subscribers to unfairly or adversely impact the experience of other hosting Subscribers. Domain Hostia's service is offering a shared hosting service, which means that multiple hosting Subscriber's websites are hosted from the same server and share server resources. Domain Hostia's service is designed to meet the typical needs of small and medium-sized businesses across the globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a VPS or a dedicated server. Domain Hostia will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Domain Hostia does place automated safeguards to protect against any website growing too quickly and adversely impacting the system until Domain Hostia can evaluate said sites resource needs.
Unlimited Hosting Space; excessive SQL Database
Domain Hostia does not set any specific limits on the amount of disk space a hosting subscriber can use for their website, nor does Domain Hostia charge additional fees based on an increased amount of storage used, provided the hosting subscriber's use of storage complies with these Terms. Please note, however, that the Domain Hostia service is designed to host websites. Domain Hostia does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, IRC, torrent, file sharing, peer-to-peer activities, testing environment, etc., and any such prohibited use of the Services will result in the termination of hosting subscriber's account, with or without notice. Accounts with an excessive database size (i.e., more than 1 GB) negatively affect the performance of the server. Domain Hostia may request that the database size be reduced to ensure proper performance or may disable the Subscriber's account, with or without notice. Hosting subscribers can create multiple databases however size of each database should not be more than 1 GB.
Unlimited File Transfer
Domain Hostia does not set any limits on the amount of visitor traffic a website can receive or on the amount of content a hosting subscriber can upload to his/her/its website in a given month, nor does Domain Hostia charge additional fees based on increased use of bandwidth, as long as the hosting subscriber's use of the Services complies with these Terms. In most cases, a hosting subscriber's website will be able to support as much traffic as the hosting subscriber can legitimately acquire. However, Domain Hostia reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other hosting subscribers.
Unacceptable Resource Usage
# Run cron entries with intervals of less than fifteen (15) minutes.
# Run any MySQL queries longer than thirty (30) seconds.
# Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
# The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB.
This Usage Policy and accompanying definitions pertain to certain web hosting accounts that may be offered on our website that include “unmetered bandwidth”, “unmetered data transfer”, “unlimited disk space”, and / or “unlimited storage”.
Disk Space, Storage, Bandwidth, and Data Transfer
For certain Shared and WordPress web hosting plans there is no upward limit to the amount of disk space, storage, bandwidth, or data transfer a single customer may use with respect to their web hosting. Subject to these terms, Domain Hostia makes every reasonable commercial effort to provide its customers with the disk space, storage, bandwidth, and data transfer resources required for the normal operation of a website. Our goal is to provide the resources required for a typical website that may experience periods of growth resulting in increasing demands for resources (such as disk space, storage, bandwidth, or data transfer) without customers being subject to additional charges.
In order to ensure excellent performance for all websites on a server, customers must be fully compliant with our terms of service and utilize disk space, storage, bandwidth, and data transfer in a manner consistent with the normal operation of a website. While rare, when performed on a server is compromised due to excessive demands by an individual website, we occasionally need to temporarily constrain accounts that are utilizing more server resources than should be the case in the normal operation of a small business website. For those accounts that are consistently making excessive demands above the normal operation of a website, including those that are not in compliance with our Terms of Service, we may suspend or terminate the account in question or ask that the customer adjust the web hosting plan they are currently on to one that better matches the needs of their website.
What is acceptable and appropriate usage?
Websites utilizing server resources within these technical limits and in accordance with our Terms of Service are considered to be operating normally and using resources appropriately. In addition, we provide customers with the ability to easily monitor in real-time the level of server resources their website and account are using, and we are always available to help answer questions about how a website’s performance can be optimized.
Domain Hostia is continually investing in technology and support features. Our web hosting solutions have been specifically designed to serve the web hosting needs of small and independently owned and operated businesses and organizations throughout the world. Since you will be hosting your website with hundreds of others on our servers in a shared community, our offerings are not intended to support enterprise-level or large company requirements. This typically also includes eCommerce websites, high traffic websites that require greater server processing resources than a shared web hosting server can provide, and websites that have been configured improperly or have been extended with additional functionality causing higher server demands. For these types of websites, we may recommend migrating your account to higher performance services that provide dedicated server resources such as a virtual private server (VPS) plan.
To ensure that our hosting is reliable for all customers within a specific server community, we monitor our servers continuously in order to maintain optimal performance, and occasionally have to take preventative measures on individual websites or accounts where resource usage is adversely affecting the server’s performance. If your website is subject to these measures we will attempt to contact you to determine the potential cause for this excessive usage and highlight possible ways you that can make adjustments or changes to your website before we take any corrective actions.
Lastly, our web hosting service is intended for hosting websites, not for backing up or storing user data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited.
What is unlimited?
What is unmetered?
Unmetered bandwidth and unmetered data transfer: Unmetered bandwidth and unmetered data transfer mean that we do not have defined limitations on the amount of bandwidth you can use or the amount of data you can transfer. These resources are "unmetered", meaning you are not billed according to the amount of bandwidth used. You can use as much bandwidth and transfer as much data as you need to operate your website normally so long as you comply with our Terms of Service and your website’s resource requests do not negatively impact the performance of the server, including the other websites hosted on the server. If you use your web hosting solution resources appropriately, visitors to your website will be able to view and download as much content from your site as they wish.
VPS Delivery Time
All VPS purchased from us will be delivered within 24-48 hours during working days (Monday to Friday). The waiting period for vps is normal.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Domain Hostia EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Domain Hostia MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
Domain Hostia ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Domain Hostia WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Domain Hostia, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Domain Hostia. When Domain Hostia is threatened with suit or sued by a third party, Domain Hostia may seek written assurances from you concerning your promise to indemnify Domain Hostia; your failure to provide such assurances may be considered by Domain Hostia to be a material breach of this Agreement. Domain Hostia will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Domain Hostia choice at its expense. Domain Hostia will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Domain Hostia against any claim, but you must receive Domain Hostia prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Domain Hostia will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Domain Hostia may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Domain Hostia and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Domain Hostia to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this 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 the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Tirupur, Tamilnadu. This Agreement will be governed by the laws of the State of Tamilnadu without regard to its conflict of law principles to the contrary. Neither you nor Domain Hostia will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Tamilnadu. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Domain Hostia reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Domain Hostia may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Domain Hostia reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Domain Hostia chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Domain Hostia makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Domain Hostia may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.