The following terms and conditions (these "Terms") govern the provision by UltratechHost of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."

Overview:

UltratechHost caters to people from across the globe and we strive to safeguard the interest of each client and provide them with the best possible service. These terms of service were defined in order to ensure that our services remain of world class quality. Terms of Service or TOS define the rule and regulations for using our web hosting services. All of our services are subject to the terms defined here under. Please read all the terms carefully and make sure you understand and agree to all the terms and conditions in its entirety. Signing up for using UltratechHost service implies that you agree with all these terms and are bound by the same.


Account Setup:

We will setup 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 not @ 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 current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.


Contents:

All services provided by UltratechHost may only be used for lawful purposes. The customer agrees to indemnify and hold harmless UltratechHost from any claims resulting from the use of our services.

Examples of unacceptable material:
  • Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
  • Mailbombers or any sort of spam sites
  • IRC Bots, Warez Sites, Hate Sites
  • Roms / Emulators, Pirated Software, Proxies
  • Hack programs and archives, Malicious Scripts
  • Spamming ( Includes Forum Spamming, Black Hat Scripts )
  • Tobacco products, Prescription drugs
  • Drugs and drug paraphernalia
  • Weapons (including without limitation, knives, guns, firearms or ammunition)
  • Satellite and cable TV descramblers, IP Spoofing/ARP attacks
  • Pornography, adult material, material which incites violence, hatred, racism or which is considered obscene
  • DOS/DDOS Attacks Scripts (Booters, Botnet, PortScanning, Shell etc.)
  • Government IDs and licences including replicas and novelty items and any counterfeit products.
  • Unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses).
  • Unregistered charity services Items which encourage or facilitate illegal activities.
  • Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services.
  • Third party processing or payment aggregation products or services.
  • Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other get rich quick schemes or high yield investment programmes.
  • Goods or services that infringe the intellectual property rights of a third party.
  • Un-coded/miscoded gaming.
  • Timeshares or property reservation payments (On and Off Plan).


Zero Tolerance Spam Policy:

We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice. UltratechHost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. UltratechHost also reserves the right to make any such modifications in an emergency at our sole discretion. UltratechHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of UltratechHost. All rights reserved.


Payment Information:

You agree to supply appropriate payment for the services received from UltratechHost, in advance of the time period during which such services are provided. You agree that until and unless you notify UltratechHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.UltratechHost reserves the right to change the monthly payment amount and any other charges at anytime.


Backups and Data Loss:

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. UltratechHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on UltratechHost Servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by UltratechHost.


Cancellation and Refunds:

UltratechHost reserves the right to cancel the account at any time. Customer acknowledges that a minimum of 12 days cancellation notice prior to the following renewal term must be given in writing to UltratechHost or the Customer will be responsible for full payment of the following term.

The cancellation request will be subject to the following guidelines:
  • Cancellation request must be submitted to the billing department.
  • Cancellation request must be submitted from the main email address on file with UltratechHost.
  • Cancellation request must contain the main IP address of the server you wish to cancel.

UltratechHost gives you first 15 day money back guarantee on all the webhosting services except dedicated servers, Unamanaged Linux VPS & Windows VPS. Payment made for Domain registration, Product Addons, Management Services do not come under refund policy, domain name can be transferred to client after 60days of the subscription.

Accounts Suspended/Cancelled/Terminated by UltratechHost do not qualify for the 15 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Free Domains are available for the life of the Hosting Package. If a customer cancels at anytime UltratechHost will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically minus the cost of the free domain. For More details on 15-Day Money Back Guarantee go to this page : Click Here


Chargebacks And Payment Disputes:

Under this Terms of Service agreement you must first contact UltratechHost to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact UltratechHost before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.


Instant Setup:

Instant Setup is just an auto process to complete the Domain Registration, Shared and VPS Hosting order. This auto process sometimes fails due to certain conditions qiven below:

  • Domain registration does not complete in cases, when the client uses special characters in the profile, contact details and invalid contact number
  • Shared Hosting order fails to complete, when the domain is repeatedly used to ordered the web hosting service.
  • Client receives the VPS Service Details in registered email address instantly after completion of order placement through the website
  • Instant Setup holds 99% of success rate for instant vps setup. In cases of wrong hostname chosen by client, Operating System not selected, low stocks on the nodes will lead to manual setup of VPS and is not covered under instant setup.
  • Manual setup of VPS will vary from 1-12working hours. In cases where client needs the VPS setup urgently, client needs to open sales support with “High” priority and the order will be completed within 1-6 working hours.


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 transfer in one month cannot be carried over to the next month.


"UNMETERED BANDWIDTH"

Word "UNMETERED BANDWIDTH"is assigned to very high bandwidth allocated hosting plans.
Where the user is able to use high bandwidth upto max 30TB/Month on fair usage policy( Only Applies to Shared, Reseller, VPS Services). Once this Limitation is reached the service is automatically suspended. To reactivate the service, you need purchase Bandwidth Packages with respective fees allocated to the packages. Until then the service will be remained closed/suspended. Very High bandwidth users are suggested to upgrade their service to 100TB Dedicated Hosting or Unmetered Dedicated Hosting. Incase of any over usage of bandwidth ( More then 30TB ) client/reseller will be charged with 5Euros/GB. Should a client/reseller utilize or require large amounts of bandwidth, beyond the standard bandwidth allocation. UltratechHost may require a deposit.


Price Change:

UltratechHost has the permission to change their prices at any time. These adjustments will be announced to the customer at least 2 weeks in advance. The customer is free to cancel the agreement if not agreed with the new prices, on the date that the new prices are valid.


DMCA Regards to Domain:

UltratechHost will follow our upstream provider's rules and regulation regards to DMCA complain that is if any complain is received you need remove the content, failing which will leads to suspend the domain permanently and whois protection will be removed for your domain, under any circumstance the suspension will not be removed. Domain Registration is not Offshore Hosting or so.. when purchasing domain keep this in mind that Domain Purchase is not Offshore Hosting that you will have chance to remove the content many times. You will have one chance to resolve the DMCA Complain failing will lead permanent suspension of domain by the Registrar as its out of our scope.


Uptime Guarantee:

UltratechHost strives to maintain a 99.9% network and server uptime service level.

This uptime percentage is a monthly figure, and is calculated solely by UltratechHost monitoring systems or UltratechHost authorized/contracted outside monitoring services. If UltratechHost fails to meet it's 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis.UltratechHost does not credit a full month's service for minor downtime. This would not be financially healthy for UltratechHost, and in turn would only negatively affect the service level UltratechHost provides to you. "Partial credit for partial downtime"is our standard policy. In extreme circumstances, UltratechHost may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the UltratechHost network caused by or associated with:

  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
  • Telco Failure (ie. Verizon cutting a fiber line somewhere).
  • Backbone peering point issues (ie. UUnet having a router go down in Virginia that wipes out internet service for the entire East Coast).
  • Scheduled maintenance for hardware/software upgrades.
  • Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). UltratechHost utilizes only name brand hardware of the highest quality and performance.
  • Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime). DNS issues not within the direct control of UltratechHost.
  • Network floods, hacks, attacks from outside parties or individuals. Failure or error of any UltratechHost monitoring or measurement system.
  • Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of UltratechHost service(s) in breach of UltratechHost.
  • Policy and Service Guidelines (AUP), by Client or others authorized by Client.


DMCA Notice Policy:

UltratechHost respects the intellectual property of others, and we ask our users to do the same. UltratechHost may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide UltratechHost's Copyright Agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf
  • UltratechHost's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
BY CERTIFIED MAIL:
Ultra Web Solutions®
A/33, BJB Nagar,
City: Bhubaneswar, Postcode: 751014
State: Odisha, Country: India.
Email: sales [at] ultratechhost.com | Website: www.ultratechhost.com

WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5 BUSINESS DAYS FOR PROCESSING.

Disclaimer:

UltratechHost will not be responsible for any damages your business may suffer. UltratechHost makes no warranties of any kind, expressed or implied for services we provide. UltratechHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by UltratechHost and its employees.


Disclosure to Law Enforcement:

UltratechHost 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.


Changing in TOS:

UltratechHost has the permission to make any modifications on the terms and conditions at any time, If a customer does not wish to agree on the changes in our terms and conditions, he can cancel the agreement until the date that the new terms and conditions apply, until this date or on the date of receiving of the cancellation, if this applies after the commencing date.
Questions? Please feel free to Contact us for any clarifications regarding this agreement, preferably before signing up.


Last Updated: 5th of March 2015
UltratechHost (Ultra Web Solutions®)