HostBulls is a leading service provider in the IT industry, providing the best of facilities at competitive market rates. However, recent detection of misuse of our services have compelled us to take action against the violating clients and also lay down a few terms and conditions. We own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable.
The Terms and Conditions to be followed have been listed below: Updated [MAY 5th, 2011]
If any of the email id will be misuse the mail server then we will suspended or terminate his hosting account without prior notice.
16.1) There is a maximum 200 including cc and bcc (might be changed without any prior notice) outgoing email hourly limit per domain, this limit is also applied towards mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. Many of our servers have a limit of 60 POP3/IMAP checks per hour per e-mail address. If you go over this you are likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
16.2) Mailing Lists Rules - Any mailing list larger than 1000 addresses will require a dedicated hosting solution from us.
16.2.1) Any time you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 20 seconds. (Sending 1 every 20 seconds would send 180 emails within 1 hour, keeping you below the 200 outgoing email limit.) If the mailing list software you are using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your Control Panel.
16.2.2) IMPORTANT: If you do not throttle and you try sending 200 emails, the server will try sending all 200 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended/terminated for crashing the server.
16.2.3) The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
16.2.4) Any unsolicited e-mail being sent will result in suspension or termination of the offending account without any information. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of SPAM
16.2.5) Any mailing list MUST comply with all guidelines set forth by the United States and Indian government.
16.2.6) No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
Establishment of service is reliant upon receipt by the HostBulls of payment of affirmed charges. Following payments are due on the anniversary date of the month for that months service. Accounts that reach 24 hours past due will be suspended. If once account is suspended, it will be un-suspended only after receiving payment in our bank account. Accounts that are not collectable by HostBulls may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.17.1) Late/Non-Payment:
Requests for cancelling accounts may be made in writing or through the help desk system. HostBulls preferred method of cancellation is via the help desk of your HostBulls hosting account. Please log into the help desk and you can request to have your account cancelled.
Please note - All account cancellations must be received in the above manner at least fifteen (15) days in advance of the date of renewal. Accounts canceled with less than fifteen (15) days notice shall be canceled at the end of the next term and shall be charged accordingly.17.3) Refund/Guarantees Policy
To prove to you how confident we are in our services, we will offer you a thirty (30) day money back guarantee on web hosting plans and packages. Domain name registration, vps hosting plans/packages and dedicated servers, renewals, promotional offers, addon services, web development services, billing software charges and transfers are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 45 days from the initial order date of your account we will refund you all your money (excluding any setup fees). Refunds may take up to (60)days to process.
Please note -
We specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that we may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition we shall have the right to terminate all service set forth in this Agreement.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.5% in any month, you can request a 20% discount for your following months services. for clients paying yearly, the equivalent to 20% of a monthly payment will be deducted off the next payment. Approval of the credit is at the discretion of HostBulls dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitors network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales[at]overlineindia[dot]net with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure in all Shared Servers, We are not responsible for any data loss the user will have to maintain their website/accounts backup by themselves.
In case of any tampering done to our network security, we will take an immediate action against the respective hosting account.
The customer agrees to indemnify and hold harmless HostBulls from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse[at]overlineindia[dot]net with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Customers are also prohibited from running Bulk E-mailing, Unsolicited E-mailing, Newsgroup Spamming, Pornographic Content, Illegal Content, Copyright Infringement, Trademark Infringement, Warez, Cracks, and Software Serial Numbers, Audio or video streaming, Phishing, Fraud, Spam, Gambling, Arcade Gaming, FREE hosting Services, FREE download/upload services, Nulled Scripts, File Hosting, Proxy, Torrent-flux or similar, Rapid-leech or similar websites
xamples of unacceptable material on all Dedicated/Virtual Private servers include:
Our services, including all related equipment, networks and network devices are provided only for authorized customer use. Our systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse[at]overlineindia[dot]net and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be suspend/terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
include("include.php")Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
The use of more than 150,000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
If any customer violates the company's policies in site transfer or misuse of bandwidth, We can decrease its allotted Traffic quota or suspended/terminated his account with out any prior notice.
As per our policies, at least 95% of your web pages (HTML/PHP) must be "Linked" with files (.GIF, .JPEG,.swf etc.) which is stored in our server. Web space must not be used by you/your visitor for free upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise we will cancellation the account without prior notice.
Our Services is not for file hosting and distribution - We offers large web space and bandwidth with hosting accounts. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will treat all password protected archive (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video (max 2-3 per website/domain/account) is acceptable provided it is streamed to the user, links to HTTP download of this content is not acceptable. We have full rights to remove all unacceptable material such as files/folder with/without any prior notice. If you are unsure whether your file is against this policy, please e-mail Admin[at]HostBulls[dot]Com.
Note *.*: Section no. 26.1, 28 and 28.1 are applicable only for Unlimited Disk Space Plans/Packages users. Limited Plans/Package, Virtual Private servers and Dedicated Servers are not bounded with these terms. Section no.19 is applicable only for shared/reseller hosting clients and for VPS & dedicated server it depends on their subscriptions, for managed services subscribers refer to our SLA (Service Level Agreement). Section no. 26.a and 26.a.1 are not bounded with Dedicated Servers. Section no. 16.2.3 to 16.2.6 will be governed by all services including VPS and Dedicated Server Hosting.
All provisions of this contract are subject to the TOS (Terms of Services) of HostBulls. The TOS may be changed from time to time at the discretion of the HostBulls. Subscriber understands that change to the COU by the HostBulls shall not be grounds for early contract termination or non-payment.