Terms of Use

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Welcome to the TimesHost.com. With this Terms of Service we would like to help our customers better understand their responsibilities when using TimesHost.Com services. It is in regards to our policies - activities that may be harmful to our clients or compromise the efficiency of our hosting environment. Our services should be used for lawful services only and all the customers should maintain their websites in compliance with our Terms. Any action that is not in full compliance with our Terms of Service may cause warning, account suspension or even termination depending on the particular case.

By accessing this, you agree to be bound by the terms and conditions below. Please read them carefully and make sure you understand them well. We may from time to time modify or revise the Terms by updating this page. Those terms are applied for any TimesHost.Com customers.

We reserve the right to make changes to the provided Terms of Service (TOS) as needed, without notice to our clients. However they can always review it on our website.

By signing up or using any services provided by TimesHost.Com you agree to follow the terms of service listed below. No oral explanation or information can alter the interpretation of TOS.

DOMAIN REGISTRATION/RENEWALS/TRANSFER

Domain Registration: Although all the domain registrations are instant after the payment is completed however TimesHost.Com may take at least one to three business days factoring in on elements like holidays, internal processing issues etc. and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company's liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond.

Domain Renewals: You (client) acknowledge that it's your responsibility to keep records and maintain reminders regarding the expiry of any service. As a convenience to the client, and not as a binding commitment, we may notify you of any expiring services, via an email message sent to the contact information associated with the Customer in the TImeHost.Com’s database. Should renewal fees go unpaid for a service, the service will expire automatically & TimesHost will not be responsible for any loss that may occur due to expiry/termination of services.

Domain Transfer: Due to the unpredictable nature of the transfer process, no guarantees is made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by TimesHost.Com on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned. Domain Registration/Renewals/Transfers is governed by ICANN Policy..

Ownership and Services Purchased

The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased ("Service Description Page") based on their description on the Service Description Page as of the Effective Date, as defined below. TimesHost.Com may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by TimesHost.Com as set out on the Service Description Page, are referred to as the "Services." Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.

Term of Agreement

This Agreement becomes effective immediately when Customer clicks "I have read and agree to the Terms of Service" ("Effective Date") and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of TimesHost.Com, or by the posting by TimesHost.Com of a revised version.

Payments and Billing

Late Payments

Refund Policy and Billing Disputes

Chargebacks, Reversals, and Retrievals

Cancellation of Services

Refusal of Service

Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all TimesHost.Com customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. TimesHost.Com reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.

10.2. Enforced resource limits for shared and reseller packages:
10% CPU Usage
5% Memory Usage or 512 MB Memory
50 Running Processes
15 Minute Max Execution Time
150,000 Total Inodes
250 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)

Bandwidth Usage

Service Modifications

TimesHost.Com reserves the right to add, modify, or remove any or all features from any service TimesHost.Com provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and TimesHost.Com does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term "materially" means that a reasonable business person would not have purchased the Services for the purposes used by you.

Uptime Guarantee

Support Policy

Backup Services

Acceptable Usage Policy

Restrictions on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by TimesHost.Com, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.

Multi-Location Hosting

TimesHost.Com does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. TimesHost.Com also reserves the right to deny the transfer of any account to a new location for any or no reason.

Limitation of Liability

YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TimesHost.Com, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH TimesHost.Com, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TimesHost.Com RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF TimesHost.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, TimesHost.Com's LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification

You agree to indemnify, defend and hold harmless TimesHost.Com, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and collectively, "indemnified parties") from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of TimesHost.Com's policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by TimesHost.Com

Partial Invalidity

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. TimesHost.Com and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

Changes to the Terms of Service

TimesHost.Com reserves the right to modify this Agreement, in whole or in part, from time-to-time. TimesHost.Com will provide you with notices of such a change by posting notice on your control panel. Unless TimesHost.Com is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.

Force Majeure

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

Notices

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Amendments

These Terms and Policies may be amended in any respect at any time by TimesHost.Com upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to TimesHost.Com

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