This Terms of Service "Agreement" is a legally binding contract between HostingNAP ("Provider", "Company", "we", "our", "us") and you ("you", "your" or "customer") that shall govern the purchase and use, in any manner, of the services provided by the provider to Customer (together or individually "Service").
By purchasing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement, including Privacy Policy.
You acknowledge that this Agreement is a contract between you and HostingNAP. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. HostingNAP will not be liable for any consequences arising from your unauthorized use.
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and agreeing to this Agreement, you warrant and represent that you are at least 18 years of age.
You agree to accept full responsibility for any and all activities or actions that occur under your account, domain, and/or service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
If you are using the Services on behalf of a third-party such as company, or entity, you represent that you are authorized to bind that business or entity to these Terms, and you agree to these Terms on behalf of that business or entity.
When you create an account with us, you agree to maintain accurate and complete information.
HostingNAP is not responsible for any lapse in the Services or lapsed domain registrations due to outdated contact information being associated with the domain name. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your account and Service.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct, and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Some parts of Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or HostingNAP cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting support@hostingnap.com customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide HostingNAP with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize HostingNAP to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, HostingNAP reserves the right to terminate your access to the Service with immediate effect.
We provide a 30-day money-back guarantee from the date of purchase on our Shared Hosting, Reseller Hosting, WordPress Hosting, and Semi-dedicated Hosting. We do not provide refunds for the fees of domain registration, dedicated IP Addresses, SSL Certificates, and custom work done by us, such as software installation or configuration.
Refunds do NOT apply to purchases or renewal of Domain Registration, IP Address, SSL Certificate, or any third-party software. For example, if you purchased a hosting plan with a free domain and want a refund, then we will not refund the domain registration fees and cost of any third-party software purchased.
HostingNAP agrees to provide a refund of payment to the client if (1) the client is within the 30-day money-back Guarantee period, (2) the client did not breach any of HostingNAP's terms of service, and (3) the product or service that was purchased is refundable. HostingNAP reserves the right to withhold a refund if the client is not eligible to receive one, and a valid reason for claiming a refund is required. The client agrees that any dispute or demand for refund, in any circumstances, demanded by the client is subject to the sole discretion of HostingNAP. Not following the rules and regulations may cause the suspension/termination of the account without any prior notification.
HostingNAP requires a five (5) day's notice of cancellation before the billing date for the upcoming term. A five (5) days notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed after the cancellation date.
Our technical department will help you to transfer your website from your old provider to HostingNAP. We will transfer 40 accounts for free for the first 45 days from the date of purchase. After that, our charges are $15 per account. If your old provider does not give access to backup, then our charges will be $25 per account. Migration charges are non-refundable.
Client agrees that HostingNAP may suspend or terminate services purchased by a client without notice and without liability if:
(1) HostingNAP reasonably believes that the services being used violate the terms of service.
(2) A written Abuse claim is submitted involving client, whether it be towards another client, a member of staff, or a third party.
Services interrupted for non-payment may be subject to a $15 reactivation fee. Clients deactivated for non-payment or charge-back are subject to their data being destroyed three days from the suspension/charge-back date.
In the event fraud is discovered(stolen card or hijacked bank account), fraudulent clients are subject to immediate suspension/termination at the sole discretion of HostingNAP. All information available to HostingNAP about the fraudulent account(s) will be submitted to both local authorities as well as any financial institutions involved. All fraud orders are investigated and all fraudulent clients will be prosecuted.
HostingNAP understands that bulk email is an important mechanism for keeping people informed. However, spamming from the HostingNAP network, and spamvertising (unsolicited advertising of) sites hosted on the HostingNAP network, is prohibited. Legitimate bulk email meets the following criteria: ALL recipients have confirmed willingness to be added to a distribution list by clicking on confirmation links or (preferably) by responding to verification emails. Distributed messages include valid headers, removal instructions, and information on the method by which the subscribed addresses were obtained. We count paid opt-in emails as spam. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $99.
Sending unsolicited mail messages, including the sending of 'junk mail'.
Harassment, whether through language, frequency, or size of messages.
Unauthorized use, or forging, of mail header information.
Creating or forwarding of 'chain mail'.
There are some limitations on Shared, Reseller, and Managed WordPress Hosting Accounts.
Memory usage may not exceed 25% per account.
CPU usage may not exceed 25% per account.
We do not allow illegal content, copyright work, or any type of illegal activity. We follow legit DMCA notices, and you can send us your abuse notice via email or the ticket system.
Phishing.
Copyright Work.
Streaming.
Any type of illegal content is not allowed.
This Agreement does not transfer to you any intellectual property owned by the HostingNAP or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with HostingNAP. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of the HostingNAP or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the HostingNAP or third party trademarks.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We care about data privacy and security. Please review our Privacy Policy: https://www.hosttingnap.com/privacy-policy.
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delhi, India, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delhi, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the thirty (30) month period prior to any cause of action arising. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
We will maintain certain data that you transmit to the HostingNAP for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the HostingNAP. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Please read our full Affiliates Agreement from https://www.hostingnap.com/affiliate-tos
We reserve the right to change or modify the price or any other charges anytime. We will provide you with at least 30 days prior notice. HostingNAP shall not be liable to you or to any third party for any modification, price change, discontinuance, or suspension of the service.
We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.