TERMS OF SERVICE

This Web Hosting Agreement is between Max Digital Agency and the person/persons who use our web hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Customer Agreement

AchaHost provides cPanel hosting, Windows hosting, email services, domain registration, reseller hosting, VPS hosting, Cloud hosting and dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on AchaHost. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. AchaHost reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when AchaHost decides that the account has been inappropriately used or otherwise.

Content

AchaHost reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.

The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.

Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.

Website content that promotes or advocates human trafficking in any way shape or form as determined by AchaHost’s sole discretion, sites that promote prostitution, or escort services.

Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.

Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of AchaHost.

Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.

Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide “links to” or “how to” information about such material.

Games – We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.

IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.

AchaHost reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.

Refer General Acceptable Use Policy for complete details on prohibited content and activities.

In compliance with DMCA act, AchaHost has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to abuse@achahost.com

Abuse Of Resources

• Any attempts to compromise or actual compromise of a network device belonging to AchaHost or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• Denial of Service (DOS) attacks directed at AchaHost, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.
• The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the AchaHost staff we have full right to remove them from our services without any refund.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.

Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer’s access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $250.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $500. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.

Bandwidth

If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.

Account Verification

If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.

VPS Rules

We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS’ themselves. The support team will not be responsible for this. With windows VPS, we provide evaluation version which can be re-activated after every 6 months.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. AchaHost would be the sole arbiter as to what constitutes a violation of this provision.

In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server hardware node give us optimum performance we have set limits on the number of outgoing mails which can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 300 outgoing mails per hour, our VPS customers would be able to send 1000 outgoing mails every hour and the Cloud hosting customers may send 1500 outbound mails per hour. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.

We do not guarantee Inbox email delivery with any of our hosting plans.

Backup Policy

Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. AchaHost does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You as a AchaHost User agree that in no case, AchaHost can be held responsible for the loss of data in any circumstances.

Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by AchaHost will not have any emails or media file included in it.

Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

Unlimited Hosting

“Unlimited” usage policies and definitions apply only to shared and reseller hosting accounts. Click here to read the unlimited hosting policy.

The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for Linux & Windows based shared (Swift and Turbo), reseller (Pluto, Mars, Jupiter, Entry, Smart, Plus and Pro), and business hosting plan.

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by AchaHost or our network providers will not count towards the uptime guarantee. AchaHost is not liable in any way for failure of third party services.

AchaHost will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Security

You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. AchaHost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.