Service Level Agreement (SLA)

SLA

Uptime Guarantee

For annual downtime of more than 1% on the server(s), where The Customer’s website is hosted, The Customer will receive compensation if all the conditions below are met:


* The Customer has used the Company hosting service for at least 12 months.

* The server (s), where The Customer hosting account is located, experiences a total downtime of more than 1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.

* The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DDoS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force majeure events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.

* The Customer requests their compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 1%, has ended. The Customer will be compensated with a credit equal to the fee they have paid for the hosting service prorated by the number of hours in which the Service was interrupted because of the downtime.

Inodes policy

The Customer understands and agrees that there is an inode limit for each type of shared hosting account. Once the inode limit has been reached the Company will no longer create backups of the account, except for disaster recovery copies reserved solely for internal use. The limits for these packages are as follows: 420 000 for the Enterprise, 210 000 is the maximum for the Business one, and 140 000 is the limit for the Starter package. If that limit has been reached, the customer may be asked to take action or to upgrade to a more powerful solution as such accounts cause performance degradation of the whole shared hosting environment where they reside and affect all the customers located on the same host. If the criteria is not met this may result in a possible account suspension. Every single file or folder on The Customer’s account is counted as 1 inode unit.

Backup/Storage policy

The Company will act in a good faith to create a backup copy of each Customer’s account – daily for the database, weekly for the storage or as frequent as the overall storage allows. The database data is saved for five consecutive days, while the storage files are rotated every 7 days. The Company reserves the right to exclude certain file formats from the backup procedure, in case they are considered inappropriate, including, but not limited to high definition digital media formats, archive formats, cache formats, databases exceeding the maximum allowed size.

The backup copies mentioned herein are intended for the Company internal use only. The Customer understands and agrees that they are solely responsible for making backup copies of website and content, associated with the account, such as email messages, SQL databases, etc. The Company has no liability or obligation to create, store or provide any backup copy to the Customer website and other content.

The Customer understands and agrees that the Company cannot and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer’s website and other content or having an outdated backup copy of Customer’s website and other content.

The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force majeure events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc.

In these and all other cases the Customer will be solely responsible for making and storing their own backup copies of the data outside of the Company’s infrastructure premises, associated with the Customer’s hosting account as well as restoring any missing data and information.

The Company shall not be liable for the time period needed for the Customer to restore the backup information to their hosting account and shall have no obligation to notify the Customer in the event that the Customer’s account content needs to be restored.

Disk space and Traffic Usage

The Customer understands that the terms “unlimited” and “unmetered” are defined by experience gained by The Company with similarly situated customers or measured by the industrial standards and the average resource usage of a shared hosting account located on the same server. This means that The Customer’s use of our resources may not exceed that of similarly situated customers in a way to affect the global performance of the hosting environment or cause any service-related issues, regular backups delay or high I/O wait.

When it comes to Cloud hosting packages all provided resources as advertised on our website are allocated to the Customer’s account on a first come, first serve resource availability basis.

What “Unlimited” does not mean

Prabhu Host ( Prabhu Soft Pvt Ltd ) employs complex mechanisms to protect its Customers and systems from abuse. Prabhu Host’s offering of “unlimited” services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers. Please note, however, that the Prabhu Host service is designed to host websites Prabhu Host does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice.

The shared hosting environment allows multiple Customer websites to be hosted on the same server and share server resources. Prabhu Host service is designed to meet the typical needs of small and home businesses. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a dedicated server or other more advanced solution. Prabhu Host will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Prabhu Host does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Prabhu Host can evaluate certain sites resource needs and may suggest improvements, in the form of plan change, application optimization or other types of action, only where possible and at a goodwill.

The Customer acknowledges that the services purchased by The Company are for web hosting purposes and not storage ones. Storage of a large amount of uncompressed or full-size digital images, online backups both of your local computer or hosting account Online file (FTP) serving Distribution of content such as MP3 files or other multimedia content is strictly prohibited by The Company and will result in The Customer’s account being suspended and/or flagged for review by The Company without any prior notice.

Unlimited Bandwidth

Although, shared servers are not limited in their bandwidth allowance due to the nature of the shared hosting environment, and to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a more powerful solution.

MySQL/PostgreSQL/Other database engines policy

The Customer understands and agrees that the usage of MySQL and PostgreSQL database server resources must be kept in a way that does not endanger the quality of the overall server performance.

The Company has the right to decide on their sole discretion which queries executed towards any database are considered as slow. Slow queries are being considered as a burden, which endangers the overall server performance. Failure to comply with this might lead to a warning, suspension or possible account termination.

Fair usage of MySQL/PostgreSQL resources

The Customer agrees not to use more than 10 percent of the system resources in any second, spent in MySQL queries towards databases under the account in question.

The maximum allowed size of MySQL/PostgreSQL for each shared hosting server is as follows: 900 MB for the Enterprise package, 600 MB for the Business one, and 300 MB for the Starter.

Databases with size over the recommended are considered as critical-sized, therefore endangering the server performance. Databases above the critical size defined herein are subject to a temporary or permanent suspension, termination or rotation without prior notice or request by the Company.

The Customer is solely responsible to manage database(s) and scripts interacting with them so that they are in compliance with this part of the Terms of Service document.

CPU Access Policy and Governance

The Customer acknowledges and understands that the Company provides access to CPU resources in a shared manner, among all Customers of the Company. To maintain the service quality and ensure even CPU allocation between Customers of the Company, each plan is engineered to facilitate a certain amount of CPU load per month.

The Company will notify the Customer in case that their account reaches 70% of their monthly CPU time allotted, in order to work together and find a solution/evaluate the needs of The Customer and/or the software used by the Customer. In cases where the Customer is not taking actions to address CPU time usage over 70% of their monthly plan allotment, the Company reserves the right to limit access to shared CPU resources for the given account until their monthly quota is reset. The Customer hereby acknowledges and agrees that with limited access to the shared CPU resources the proper operation of their services with the Company may be affected. By doing best effort to contact the Customer within hitting 70% of allotment, the Company cannot be held responsible for any damage or lost interest incurred in result of limitations of shared CPU pool access.

The Company reserves the sole right to require changes or disable as necessary any website, hosting account, email account, database, or other components that do not comply with these established policies or to make any such modifications in an emergency at its sole discretion and without prior notice.

The Company shall not be liable if any part of the Customer’s account or website is not compatible with any system update and for any loss or damage arising therein. The Company reserves the right to be set off of any kind of liability, in case that the provided server configuration is not matching any particular application’s requirements or module/component’s requirements. The Company cannot be held liable for any opportunity loss, intellectual damage or loss of profit arising therein.

Cancellation of Services, Refund Policy, and Compensation Scheme

Cancellation requests for renewal payments must be submitted before 11:59 AM EDT on the day before the renewal date. All payments conducted after this moment are considered as non-refundable. If The Customer fails to comply with this requirement, The Company has the sole right to suspend their account until renewal payment is received.

All Shared and Cloud Hosting packages come with a 60-day money back guarantee, with the exception of the monthly plans where this period is 30 days. The money back guarantee for all Reseller packages, Virtual Private Servers, and Dedicated Servers is 30 days. Bare Metal Servers, Extra Services, and Domain Names are not subject to a refund. All upgrades are non-refundable and renewal payments are not covered by a money back guarantee.

If a free domain name has been registered, upon hosting package cancellation during the money back period a registration fee is being withheld, the amount may vary based on domain extensions.

The Company may provide to the Customer compensation for unused time with their previous hosting provider. The compensation scheme is applicable to shared and cloud hosting packages only. Up to six months for Starter & Business Shared and Starter & Business Cloud packages. A maximum of two months for the Enterprise Shared and Enterprise Cloud packages.

Extra Services General Refund Policy

All extra services, where not explicitly stated are subject to a certain charge, for a specific period, and are due to The Company by The Customer. All extra services are not subject to a refund, in case that they have been applied to the account and the Customer has taken advantage of them.

Payments and Renewal policy

The Customer understands and agrees that their services with The Company will be billed on a recurring basis unless The Customer informs The Company that they want to cancel any or all of the provided services by submitting a Cancellation Request form their Client Area.

All renewal payments are not eligible for a refund and it is the sole responsibility of The Customer to make sure that their payment information is kept up to date, as well as all invoices are paid on time.

Providing Technical Support Policy

To the maximum extent applicable under national law and without affecting your rights as a consumer, all support is provided as-is and is subject to the disclaimer of warranties and limitation of liability set out in this ToS. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.

The Phone Support team of Prabhu Host has a limited level of access to the system and therefore can only assist with issues that lie within it. The highest level of access to the system is available only to the personnel that handles Technical Support tickets and therefore requires you to submit a ticket from your account. The Phone Support team operates during US business hours only.

The Customer can request advanced technical support assistance only by opening a ticket through the ticketing system located in the Client Area. The Company will have no liability to provide technical support if it is requested in any other way, different from the ticketing system.

The Customer acknowledges that by asking our technical representatives for technical assistance, they authorize their intervention and operation in the Customer’s hosting account, cPanel and/or Client Area. If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.The Company cannot and will not be liable for any delays or increased costs or expenses associated with Customer’s failure to provide any of such information.

The Company will do its best to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by every particular request. The Company, however, has no obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result.

The Company provides technical support in the best interest of the Customer and does not guarantee the successful outcome or result of any operation requested. The Customer agrees to accept technical support upon sole own discretion and responsibility.

The Customer should not abuse the ticketing system. Abuse of the ticketing system includes, but is not limited to, an excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, etc. Any abuse of the ticketing system may result in warning, ticketing system access restrictions, hosting account suspension or possible hosting account termination with no refund.

The Company has the sole right to decide what constitutes an abuse of the ticketing system and to apply an additional fee, depending on requests frequency. No additional fee will be formed in this document. Additional fees are formed “on demand” principle by The Company representatives. If an additional fee for certain service is requested, no service will be provided by The Company prior invoiced fee is paid. Any additional fees paid by the Customer for technical support are non-refundable.

Servers configuration policy

The Company has configured its servers based on its best knowledge for optimal server performance and stability. The Company can make changes at the server configuration at any time without prior warning to the Customer if it is in their best interest. This is done for achieving better server performance and stability.

The Customer agrees that they will not be able to perform any activity from their account, that will be in contradiction with the server configuration, as such activities are endangering the quality of service and the overall server performance. The Company reserves the right to perform application version changes and updates at any time without prior warning to the Customer. This is done in good faith for achieving better server performance and lowering the resource usage by the Customer’s website.

Term and Termination

This Agreement shall be effective as of the time frame set forth on the Order Form. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Company (i) immediately if Customer fails to pay any fees hereunder, or (ii) if Customer fails to cooperate with Company or hinders Company’s ability to perform the SEO Services hereunder.

LIMITED LIABILITY

IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

Termination

Either party may terminate this ToS upon written notice to the other if one party materially breaches any terms of this ToS and the breaching party fails to correct the breach.

You may terminate the Services at any time through the Client Area (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request. If you do not complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable as set out in our Money Back Guarantee.

It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting may result in immediate termination of multiple aspects of the Services. We may keep data from terminated accounts for a reasonable period after termination and provide you with access to that data upon request and availability. IP addresses, space, and backup (including data on Backup Services) are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to termination.

Service cancellation by the Customer

All services that are provided by The Company can be canceled by The Customer. Only requests submitted through the Client Area are considered as valid and will be reviewed by The Company.

There are two parts of cancellation: initiating a cancellation request and then confirmation of the cancellation request. The Company will proceed with the cancellation request only after it has been confirmed by the Customer. If the Customer does not confirm the cancellation request within 96 hours it will be considered null/void and will be deleted.

The cancellation becomes effective in accordance with the time chosen by the Customer through the Cancellation process.

Right after the cancellation becomes effective, the Customer’s account will be suspended immediately. The Customer acknowledges that the Company is keeping a copy of the canceled account for no more than 15 (fifteen) calendar days after the cancellation becomes effective. 15 (fifteen) days after the cancellation becomes effective any information or data in the account will be deleted, it includes: the canceled account, all of its backup copies and any other information or data related to the account.

After the cancellation becomes effective the Company cannot be held liable for loss of data due to suspension or termination.

The money paid by the Customer for the hosting account(s) will be refunded excluding the setup and processing fee paid during the signup process only within the Money Back period. Setup and processing fees paid upon signing up are not subject to refund.

Cancellation requests for renewal payments must be submitted before 11:59 AM EDT on the day before the renewal date. All payments conducted after this moment are considered as non-refundable. If The Customer fails to comply with this requirement, The Company has the sole right to suspend their account until renewal payment is received.

All Shared and Cloud Hosting packages come with a 30-day money back guarantee, with the exception of the monthly plans where this period is 30 days. The money back guarantee for all Reseller packages, Virtual Private Servers, and Dedicated Servers is 30 days. Bare Metal Servers, Extra Services, and Domain Names are not subject to a refund. All upgrades are non-refundable, renewal payments are not covered by a money back guarantee.

If a free domain name has been registered, upon hosting package cancellation during the money back period a registration fee is being withheld, the amount may vary based on domain extensions.

Service Cancellation by The Company

Any of the services that the Company offers may be canceled by the Company with no prior notice and with no refund in case that the Company finds out in good faith that the Customer’s use of the service violates the Terms of Use. The Company cannot be held in charge for loss of data if such a cancellation has been done.

The Company may also cancel any of the provided services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, loyalty, regulatory or other reason, by giving or without giving the Customer as much prior notice as reasonably practicable.

The services used by the Customer may be canceled for any or no reason by the Company with a preceding 7 days notice. After the 7 day period the Customer’s Account will be ended and the Customer will be provided with access to an archived backup copy of the Customer’s account content as of the termination date. These backup copies will be available for no more than 7 calendar days. After the expiration of the 7-day period for accessing the archived backup copy, all backup copies and any other information or data related with the account will be deleted from the Company’s servers.

If the reason for service cancellation by the Company is different from violation of Terms of Use by the Customer, a prorated refund will be issued by the Company for all the months that the account is prepaid and will not be used by the Customer. The calculation of the amount of the refund will be made by multiplying the number of the unused months by the prepaid monthly price as it is for the Customer’s billing cycle. The Company will offer several options for receiving the refund; still it is only the Customer’s responsibility to provide the information needed for receiving the refund.

The Customer acknowledges that if the reason for service cancellation by the Company is violation of Terms of Use by the Customer, a refund will not be issued by the Company.

Forced Service Cancellation by the Company

Any of the services that the Company offers may be force-canceled by the Company, in case that they are no longer found feasible or harm directly the Company’s best interest.

In case of forced service cancellation, the Customer is acknowledging that all hosted content, including copyrighted and intellectual one is turned into an immediate property of the Company, which on its side uses it to cover further or previous expenses related to the services provided thereby, either by creating an auction or give-away.

Actions, which harm directly the Company’s best interest include, but are not limited to: chargebacks, fraudulent activities on behalf of the Company, false prophecy against the Company’s services, representatives, other Customers or associates.

Price Change

The Customer should pay the applicable amount at the time of registration/renewal date. The Company has the right to change the prices periodically and The Customer will be charged based on the current renewal rates for the next billing cycle. Exceptions apply in case that a Customer or a group of such have a written arrangement with The Company’s Billing Department.

Email policy The Customer understands and agrees that:

* The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 750 MB for the Enterprise package, 550 MB for the Business one, and 350 MB for the Starter. If the usage of the IMAP protocol with a larger mailbox occurs, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension by The Company without prior notice.

* No more than 10 simultaneous IMAP connections to the hosting servers are allowed. Exceeding this quota may result in flagged service for review and/or suspension by The Company without prior notice.

* The total amount of email messages, send either by applications, scripts, webmail or email clients, should not be over 400 emails per hour per hosting account. If an account is detected to send more than the stated above amount, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension by The Company without prior notice.

The total amount of email messages that can be received from all email accounts on the Customer’s hosting account per minute, should not exceed the amount of 80 messages per minute. If an account is detected to receive more than 80 messages per minute, it might be temporarily suspended or its MX records might be redirected, in order to preserve the server normal operations and stability. Furthermore, the total amount of recipient of single email message should not exceed 15.

The Company cannot be held in responsibility for any loss suffered or occurred damages including but not limited to: email delivery failures, email loss, emails being flagged as spam, etc; during or resulting from a server or email service downtime, irrespective of the cause, time and duration of the mentioned downtime.

The Customer acknowledges that The Company cannot guarantee that any particular email message will be delivered to or from a particular mailbox due to the nature of the email service and to the fact that the Internet is not owned nor controlled by any legal entity. Using the email service provided by The Company is done on an ”as is, as available” basis and is used at Customer’s own risk.

‘Zero tolerance’ to SPAM policy

Subject of this part of the document is e-mail spam, also known as unsolicited bulk email (UBE), junk mail, or unsolicited commercial email (UCE), is the practice of sending unwanted e-mail messages, frequently with commercial content, in large quantities to an indiscriminate set of recipients and any other forms of it.

The Customer acknowledges that any spam complaint reported against email sent through their account will lead to its suspension and will require further communication with The Company’s technical support team to review and resolve, nevertheless the type/tier of service used.

The Customer acknowledges that The Company is taking a zero-tolerance stance against sending of unsolicited e-mail and other forms of spam. As spam/unsolicited email is considered any email sent via any server administered by The Company that does not comply with the CAN-SPAM Act of 2003.

Intellectual Property Rights and Other Consents

Prabhu Host retains ownership of all intellectual property rights in the Services. Prabhu Host grants to you a limited license to access and use the Services. All trademarks, product names and company names or logos used by Prabhu Host are T Prabhu Host’s property or the property of their respective owners. No permission is given by Prabhu Host to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner’s rights.

If we have not provided a license for you to use a software as part of the Services, you agree to procure appropriate licenses to use all “Required Licenses. “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.

You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, Prabhu Host reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.

DISCLAIMER OF WARRANTY

YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. PRABHU HOST HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY PRABHUHOST OR PRABHUHOST’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. PRABHU HOST DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. PRABHU HOST DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. PRABHU HOST DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR PRABHU SOFT PVT LTD IN PARTICULAR.

The Customer agrees to use all Services and any information obtained through or from The Company, at their own risk. The Customer acknowledges and agrees that The Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet.

Limitation of Liability

The Customer agrees that, to the maximum extent permitted by applicable law (if any), they will not, under any circumstances including, but not limited to — negligence, hold The Company or it licensees, agents, employees, executives and/or third party vendors liable for any indirect, incidental, special, consequential or punitive damage whatsoever including, but not limited to — damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party.

In no event The Company will be liable to The Customer in the aggregate with respect to any and all breaches, defaults or claims of liability under this document or under any document greater than the exact monthly fee paid by you to us preceding a claim giving rise to such liability. Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damage. The Customer agrees that in those jurisdictions, the liability of The Company will be limited to an amount not greater than the exact monthly fee paid as per the hosting plan used.

Indemnification

You, the Subscriber, agree to defend, indemnify and hold Prabhu Host, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Prabhu Host’s own gross negligence or willful misconduct. Prabhu Host reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.

Monitoring and Disclosures

All activities occurring on, in, and/or via the Services or any website hosted by Prabhu Host may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Prabhu Host does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if Prabhu Host becomes aware of any violation of these Terms, Prabhu Host may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Prabhu Host, and/or removing non-complying information. In addition, Prabhu Host may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of their activities. Prabhu Host reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Prabhu Host may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Prabhu Host or others from harm, and/or to ensure the proper operation of the Services.

Accurate Account Information

Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on Prabhu Host in order to avoid termination of Subscriber’s Prabhu Host account(s).

Resolution of Disputes and Choice of Law

This Agreement shall be governed by and construed in accordance with the federal law of the State of Florida, the State of Illinois, the State of Delaware, and the United States of America, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought to the relevant federal courts, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Florida, Illinois, Delaware or the United States of America. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

Force Majeure

You acknowledge and agree that we shall not be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons, and floods.

Enforceability

In the event that any provision of this Terms of Service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

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