HostMyCode Acceptable Use Policy (AUP)

This Acceptable Use Policy (AUP) applies to all individuals, businesses, organizations, resellers, and end-clients/users employing anyHostMyCode services, hardware, property or other products.

Use of HostMyCode resources constitutes acceptance of all policies in effect at the time of use. Modification to this policy may be made at any time and will be immediately effective upon posted changes.

HostMyCode reserves the right to protect its resources, users, and reputation from any activity deemed damaging, offensive or abusive. To this measure,HostMyCode will act as sole arbiter in determining violations of this policy.

· Provisions:

Use of HostMyCode services indicates the acknowledgment that:

Users are responsible for the security of accounts, systems, passwords, etc…and will not hold HostMyCode liable for any loss or damages caused by exploitation or any other misuse ofHostMyCode resources.

HostMyCode is not responsible for any damages, anticipated or otherwise, caused by viewing materials, links, or other content posted to systems on the local network or linked via this network. All users agree to indemnify HostMyCode from any claims resulting from any use of its services.

Adult content is sanctioned by applicable local and federal governments/laws. Legal adult content is permitted on all HostMyCode product lines. The viewing, downloading, or possession of legal adult content byHostMyCode users and other Internet viewers, is not governed by HostMyCode policy, and is left to the discretion of individuals requesting this material.

HostMyCode may monitor its network and audit systems for any data or activity indicating potential policy violations.

HostMyCode reserves the right to remove any account without prior notice. IfHostMyCode deactivates an account due to the direct or indirect participation of users engaging in illicit activities, any rights to a refund are forfeited by the client/reseller in control of the account at the time of the violation. Furthermore, no refunds for advance payments will be granted for deactivated accounts. Critical offenses and involvement in illegal activity will negate any perceived obligation ofHostMyCode to return data.

· Abusive Clientele:

HostMyCode may, at its discretion, suspend or terminate the service of any client/reseller who is financially delinquent, abusive/harassing toHostMyCode personnel, or causes general disruption to the operation of the company and service of its users. Examples of such activity include, but are not limited to:

  • verbal or written abuse of HostMyCode personnel (obscene language, threats, etc.)
  • excessive complaints or persistent disregard for alerts, warnings, and/or notices
  • repeated reactivation of abusive users
  • consistent errors or administrative changes causing unnecessary workload
  • spammingHostMyCode email addresses, ticket systems, and/or servers
  • frequent late or bounced payments
  • issuing chargebacks
  • public harassment or derogatory/false/exaggerated forum/discussion group postings.

Abuse of HostMyCode Systems and Resources:

Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations ofHostMyCode resources, is a violation of this policy. Any attempt to harm equipment owned byHostMyCode, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.

o Illegal Usage Restrictions:

Resources provided byHostMyCode may be used only for lawful purposes. Examples of unlawful content include, but are not limited to:

unlicensed hosting of, linking to, or any involvement in the transmission of copyrighted media, applications, published works, or any data protected by trade secret, without sufficient rights to engage in this activity

child pornography and/or kidnapping material

content deemed to be terroristic in nature

material posted to incite violence

violations of human and animal rights, including the display of acts of cruelty and other abuse

pyramid/ponzi schemes

fraudulent sites and other forms of ?phishing? (emails/forms/sites used to gather personal information from unsuspecting individuals)

cracking programs and/or key generators

violations of import/export restrictions

o Prohibited Usage Restrictions:

  1. In addition to activities governed by law,HostMyCode strictly prohibits:
  2. IRC and associated applications (including bouncers, “bots”, etc.)
  3. malware (malicious software) and/or botnets
  4. automation tools, auto typers, macros and bots used to circumvent restrictions on games or other applications (e.g. RuneScape bots)
  5. network and systems abuse scripts
  6. circumvention of and/or provision of instructions to circumvent security measures
  7. unnecessary port scans
  8. threatening, harassing, or obscene content
  9. anonymizers/proxies without password protection and sufficient logging (including open mail proxies, anonymous web surfing proxies)
  10. proxy detection scripts
  11. unsolicited and/or mass advertising via forums, blogs, comment forms, and newsgroups
  12. mail bombing, email address harvesting, and/or unsolicited email (including bulk mail sent to unconfirmed recipients and individual unsolicited advertisement or link exchange requests)
  13. HYIPs (high-yield investment programs)
  14. excessive overutilization of resource limits
  15. evasion of bans or blacklistings by changing domains/IPs
  16. *** Links to unacceptable content are also prohibited

o Bulk Email & Blacklisting:

HostMyCode understands that bulk email is an important mechanism for keeping people informed. However, spamming from theHostMyCode network, and spamvertising (unsolicited advertising of) sites hosted on theHostMyCode 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.

The usage of partially confirmed recipient lists is not allowed. All bulk email senders must post privacy policies and must be clearly identified to recipients during the subscription and confirmation process. The usage of third-party distribution lists is prohibited. IfHostMyCode approaches a client for evidence of confirmation, the request must be honored within 48 hours of the initial spam alert. Deactivation of an account or service may be required, until proof of confirmation is provided and approved.HostMyCode reserves the right to require termination of any services involved in the transmission of unsolicited email. If any activities lead to blacklisting, the involved client/reseller may be charged an abuse fee of $100.00.

o Policy Violations:

Storage, presentation, or transmission of any material in violation of any laws, or otherwise prohibited byHostMyCode, is cause for temporary account deactivation, server/service termination, or complete cancellation of all account services. TheHostMyCode Abuse Dept will make an attempt to contact the involved client via email when the first sign of a possible violation is noted. This notification may occur before or after a service is disabled. Alerts are provided as a courtesy. Prompt responses to alerts are required. When an alert is sent, the designated abuse contact is responsible for acknowledging his/her understanding of the offense and providing an adequate response, to the satisfaction ofHostMyCode, within 24 hours of the notice. Failure to sufficiently respond to an abuse alert will lead to suspension of any active services involved in abusive activity and will result in a $50.00 fee. If reactivation is warranted, all abuse fees and any outstanding service fees must be paid prior to service being reactivated. Repeated abuse and/or failure to respond to abuse alerts will result in service termination. Note: It is extremely important to ensure that the abuse email address on record is valid and monitored at all times. This is the address used for abuse notifications and warnings. The address may be set within the client management interface. Direct clients/resellers are fully responsible for any activity found to originate from products and/or services under their care. In any case involving unauthorized parties utilizing aHostMyCode service for abuse, the direct client/reseller is responsible for locating and stopping all affected applications, until the source of the problem is found and removed.HostMyCode may opt to disable all services until the client can perform such an investigation or the system can be secured or reinstalled. If the support ofHostMyCode is required for the investigation, the client agrees to compensateHostMyCode at a rate of $65 USD/hour for such service. Reinstallation are performed at a flat-rate of $25 USD (which does not include any operating system changes or licensing costs). Direct clients/resellers are responsible for maintaining secure systems. This includes, but is not limited to:

Requesting kernel updates

Applying application patches

HostMyCode will not be responsible for securing dedicated servers, virtual private servers, user accounts/web sites, or third-party applications. Direct clients/resellers with fully managed support services, may be entitled to a higher level of support than clientele with basic management. Further details may be found in theHostMyCode Managed Services Definition and Backup Policy.

o Resource Usage:

Resource usage should be maintained within levels outlined in product descriptions and/or service contracts. Abuse caused by users or unauthorized parties may increase resource usage and lead to overage fees. Overage fees apply to any service utilizing more than its assigned bandwidth allocation, except for services advertised/sold as “UNMETERED”. Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless otherwise specified in the service agreement contract. MRTG or other bandwidth reports are available, upon request. Bandwidth is supplied from a shared pool and is not supplied as guaranteed/dedicated bandwidth, unless advertised as such specifically. Burstable usage of the UNMETERED service/port is permitted. However, a service that has heavy sustained usage may have its port capped and the client/reseller associated with the service may be required to upgrade to a dedicated service plan. UNMETERED service is supplied on a “best-effort” basis, which may result in some slowdowns during peak traffic periods. Should a client/reseller utilize or require large amounts of bandwidth, beyond the standard bandwidth allocation,HostMyCode may require a deposit.

o Port Usage:

Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold with a specified port size (ie. 10MBPS UNMETERED) or specified/requested as a capped port.HostMyCode reserves the right to monitor network usage and throttle the available speed (if a service significantly exceeds average usage) to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, and not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If, at any time, a client’s or reseller’s data transfer rate affects otherHostMyCode clientele,HostMyCode reserves the right to throttle and/or disconnect the service at the source of the problem.

o Filtering:

HostMyCode reserves the right to block, filter, or throttle ports and/or IP address ranges. For example, this may include blocking Port 6667 (IRC), denying access from a known spammer?s IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, eDonkey, etc…). This may also include prioritization of certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

o Virtual Hosting:

HostMyCode is pleased to offer unlimited traffic/hits and server usage to Virtual Hosting clientele. ?Unlimited traffic/hits? refers to the number of visitors to a website and NOT the total amount of bandwidth/data transfer. Each Virtual Hosting account is still limited to the bandwidth/data transfer included with its associated service/package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:

banner, graphic, or CGI scripts running from the service and/or being utilized on other domains/websites

large graphic or download archives/galleries

large chat room gatherings

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded. To reduce the load on a server,HostMyCode reserves the right to relocate any site to a different server and/or IP address.

o Virtual Private Servers (VPS):

To maintain the integrity ofHostMyCode services, any VPS (virtual private server) utilizing heavy amounts of system resources may be temporarily disabled. When necessary, clients/resellers may be required to upgrade the service package to accommodate actual usage. Additionally, to reduce the load on servers,HostMyCode may relocate virtual private server containers to different nodes and/or IP addresses.

o Internet Access:

HostMyCode does not allow multiple dial-in connections on a single dial-up access account. Multiple computers/networks are permitted to a singleHostMyCode Internet Access service. Internet Access clientele are responsible for maintaining/securing their computer systems. Should any system become infected with a virus and/or spyware which causes or threatens harm to theHostMyCode network,HostMyCode may suspend service until the source of the problem is found and corrected.

o Backup Service:

To maintain the integrity of backup services,HostMyCode may relocate any backup service to a different server and/or IP address in an effort to reduce the load on the current hosting server.

Download/FTP sites, web-serving (httpd), and/or any usage that results in heavy upstream/outgoing bandwidth consumption (beyond that of normal backup operations) is not permitted on the backup service machines. This service is meant for the backup/restore/sharing/storing of data and not for usage normally performed by web/database servers.

o Idle Timeouts:

HostMyCode may disconnect any idle connection to the network. Average timeouts are:

FTP – 300 seconds

Dial-Up – 10-15 minutes

Telnet/SSH – 2 hours

Service Limitation. This service is a special limited time offer byHostMyCode, and may be cancelled, modified, or withdrawn at any time, following 14 days notice emailed to the Client.

Fair Usage Policy. The service is provided to the Client for normal, fair, and reasonable usage. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns/spikes. In the eventHostMyCode, in its sole discretion, determines that the Client is not using the service according to this Fair Use Policy,HostMyCode will be entitled to: (a) impose limits on the speed of the data the Client may transmit and/or receive with this service; (b) adjust pricing of service to regular/standard bandwidth rates; and/or (c) suspend or terminate the service provided to the Client, atHostMyCode’s sole discretion.

CDN or Media Streaming. Client shall not be entitled to use the service for the purpose of operating a Content Distribution Network (CDN) and/or Streaming Media service, except withHostMyCode’s prior written consent, which consent may be approved or denied atHostMyCode’s sole discretion. Special requests to use the service to run such, may be approved on a case-by-case basis, and we do recommend you contact us to discuss.

Notice of Breach. Whenever reasonably possible, in the event of a Client breach of any Special Terms and Conditions for this service,HostMyCode will email the Client allowing 24 hours to cure the breach, beforeHostMyCode takes any action. If the breach re-occurs within the 30 days following,HostMyCode may take any action permitted in the Fair Usage Policy, without further notice to the Client. Failure to comply with this policy may result in termination of service, and a refund not granted.

o Special Terms and Conditions for 100TB Service:

Service Limitation. This service is a special limited time offer byHostMyCode, and may be cancelled, modified, or withdrawn at any time, following 14 days notice emailed to the Client.

Fair Usage Policy. The service is provided to the Client for normal, fair, and reasonable usage. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns/spikes. In the eventHostMyCode, in its sole discretion, determines that the Client is not using the service according to this Fair Use Policy,HostMyCode will be entitled to: (a) impose limits on the speed of the data the Client may transmit and/or receive with this service; (b) adjust pricing of service to regular/standard bandwidth rates; and/or (c) suspend or terminate the service provided to the Client, atHostMyCode’s sole discretion.

CDN or Media Streaming. Client shall not be entitled to use the service for the purpose of operating a Content Distribution Network (CDN) and/or Streaming Media service, except withHostMyCode’s prior written consent, which consent may be approved or denied atHostMyCode’s sole discretion. Special requests to use the service to run such, may be approved on a case-by-case basis, and we do recommend you contact us to discuss.

Notice of Breach. Whenever reasonably possible, in the event of a Client breach of any Special Terms and Conditions for this service,HostMyCode will email the Client allowing 24 hours to cure the breach, beforeHostMyCode takes any action. If the breach re-occurs within the 30 days following,HostMyCode may take any action permitted in the Fair Usage Policy, without further notice to the Client. Failure to comply with this policy may result in termination of service, and a refund not granted.

Support For All Products:

All HostMyCode.in services are basic managed and guarantee support for network level incidents, hardware failures, or custom support as mentioned on the product pages.

All tickets submitted to the client area will be answered within 48 hrs, depending upon the queue before the client.

No refund shall be provided on the basis of support, as we are unmanaged service providers.

Email Hosting

HostMyCode.in offers email hosting services to its clients on its network datacenter servers. We setup the servers within 48-72 hrs, and ensure delivery to private servers.

There is no guarantee of delivery to Gmail, Hotmail, Yahoo or any other free email service provider as they have tightened their Spam policies to not allow mails from private servers. Even if the mails are getting delivered in the start, they may stop at any time. We configure the servers at our best before delivering them to clients, but still these providers sometimes recognize it as spam. No refund shall be provided on grounds of email delivery to free email providers.

No unsolicitated mailing is allowed, and a list, and an option to unsubscribe must be mentioned in all mails. For optimum delivery configure your bulk mailing software to send emails in batches of 400 mails/instance, and then pause for minutes before shooting next batch.

Shared Hosting

Packages do not allow hosting illegal contents, IRC chatbots. If any account is found to be using too much resources, it will be terminated upon notice to the client. A backup may or may not be provided depending upon the case. All clients should backup their data every 3 days, as we dont keep any backup.

1>Email Service on shared hosting

Maximum emails allowed per hr per account on both Linux & Windows – 150/hr Email sending is stopped at reaching this limit, and requeued for next session. Once next quota starts, email sending is resumed again. No PHPmail allowed to block spamming from servers. We do not guarantee delivery to free email service providers like gmail, yahoo, hotmail or mail.com or any other provider who un-necessarily blocks emails from our servers. There is no warranty provided for email delivery. Clients should manually confirm or use third party SMTP services to ensure email delivery as providers may block emails from shared hosting servers in event of large queues.
If a large queue is built, we will have to clear the queue to make sure that further emails are delivered without problem. We are not responsible if some important email gets deleted in the process. As its required for optimum functioning of the server
Please note that email is an accessory over web hosting and complaints regarding email service are entertained on sole descretion of HostMyCode.in Management.
Bulk Mailing from our servers is absolutely not allowed irrespective of the content. Send marketing mails, mails to unsubscribed lists, sending mails to email addresses obtained by unfair means including but not limited to email list purchase is absolutely not allowed. Any client who tries to use our services for Bulk Mailing, will be terminated immediately from the server. No account backup is provided to such clients. Neither is any refund processed due to policy violations. A charge of $100 may be levied on the client in case IP is blacklisted due to his/her activity. Client will be legally bound to pay the charges for IP cleaning which is $100.
2> Refund Policy

2> Refund Policy

Shared Hosting accounts are refunded, refunds to such accounts can be processed only within 30 days of purchase.
We do not provide any refund on any services unless explicitely mentioned on our website product description page
No client can seek any refund on grounds of accessories like emails not working, email delivery to free email service providers, database issues, or support for custom or third party scripts issue
A refund request can be considered in cases if our servers crash and we are unable to provide new servers for 15 days. In such case a pro-rata and not full refund will be provided to all concerned clients.
No refund will be provided even if client purchases hosting for multiple years, and does not wish to continue with us, if one of the clause of refund are not met
Absolutely no refund in any case for domains, ssl certs, dedicated servers, colocation, IP allocation, cloud hosting, VPS hosting, control panel licenses, whmcs & Boxbilling licenses.
No refund will be provided to accounts which have been suspended because of violating our TOS
For resellers and master reseller accounts a refund can be processed only within 24 hrs of purchase
If at all a refund is going to be processed, then a charge of Rs200/support ticket answered is deducted from the amount paid. If we have transferred client’s domains from some other server to our servers, then a charge of Rs200/domain transfer will also be deducted from the amount paid. A setup fee of Rs200 is also deducated from total paid amount. Any transaction charge , charged during order process cannot be refunded.

3> Resource Usage:

Considering limitations of shared hosting, if any website is found to be using too much resources, such that performance of other websites hosted on the same server is compromised, his/her/their account will be suspended immediately. No notification is sent to the client. In such cases client will not be entitled for any refund. provision of backup shall be on sole discretion of HostMyCode.in management.

Maximum CPU use : 1% per account (not domain)
Maximum Physical / Virtual Memory Use: 300MB
I/o usage : 1024 KBPS
Entry Processes 0/20
Maximum Disk space use on any plan with unlimited space : 2GB unless explicitly mentioned
Maximum Bandwidth use on any plan with unlimited bandwidth: 20GB unless explicitly mentioned
Maximum Disk space usage on any client account of a reseller : 1GB unless explicitly mentioned
Maximum Bandwidth usage on any client account of a reseller : 10GB unless explicitly mentioned
No refund will be provided to the client if his sites / account requires higher resources than mentioned above. Though he can purchase any higher plan from us and shift his account to that plan to continue enjoying our services.

4> Domain Limits in Unlimited Plans :

Ultimate Unlimited Shared Hosting Linux/Windows – 20

Ultimate Unlimited Reseller Hosting Linux/Windows – 50

LMR1/WMR1 -60

LMR2/WMR2/Flyer Master Reseller-70

For master reseller clients, they can create unlimited resellers / as per their plan, but when total no of domains hosted reaches this limit, they will be notified via email to add more domain credit to their account. Domain credit will be doubled on paying the same amount again, as paid at the time of purchase.

Pls note upgrades to cross packages is not possible. Like a shared hosting client cannot upgrade his package to reseller hosting, rather he can purchase a new reseller hosting and keep both the packages.

5> We do not host following unless explicitly mentioned:

  • warez
    IRC chat bots
    torrents
    illegal softwares
    mp3/mp4 sites
    video streaming websites
    illegal / nulled scripts
    bulk emailing softwares
    copyright infringing contents
    porn sites
    software download website
    open source scripts downloads website
    any kind of downloads website
    any kind of file hosting site
    free web hosting site
    high resource consuming sites like large joomla sites or ecommerce portal that need to use a VPS / Dedicated Server.
    any website that violates the law of US or India.
    Accounts of clients violating our terms of service can be suspended / terminated without notice. A backup may or may not be provided depending upon the grade of violation, as decided by the HostMyCode.in management.

6> If a spam abuse complaint is received for any client account, account is suspended immediately, untill we have clarification from the client in this regard. Mails should be sent only to accounts who have signed up with you to receive mails. A database should be maintained of registered users, and if any spam abuse complaint is received, a snapshot of the database should be presented as and when required. Client’s domain will remain suspended unless investigation is over.

7> Website Defacement : If any website is showing content from any other website which owns the trademark, or patent for that content then the website will be suspended immediately, and no backup shall be provided to the client

8> In the event of server crash or server being offline for extended amount of time, we will arrange for a new server within 15 days. If the clients do not receive new server account information within 15 days, a prorata refund will be processed to all clients. Though we do not guarantee any data recovery in such cases. Clients should take the backup of their data regularly. For definition of prorata refund, read above. Please note in such cases not always sending a notification is possible. In case of server crash or any such incident all support will shift to our email mode of contact. Emails can be sent in such cases to only [email protected], we will only consider and reply emails sent to [email protected] . We do not provide support on phone/SMS / Chat / Email unless explicitly mentioned in the support policy email.

9>

We do not keep backups of the data, its clients responsibility to take regular backups of the data.
In case a client violates our terms of service, no data back up will be provided to the client
In case of violation of terms of service, client’s account will be closed immediately, hosting account suspended / terminated, domain suspended/deleted. Whether to delete or suspend a domain is on sole discretion of HostMyCode.in management
10> We do not share client’s account information or any detail publically, unless client has posted a negative review about us, in which case our representatives can, to clarify things, post any info related to client account. We can also share the detail with law authorities if required.

Data like server logs etc will not be presented to the client, but can be presented in court / to the legal authority if required and available.

11> In following cases account will be terminated without notice, no data backup or refund will be provided :

Abuse to any of our operators
In case client files a dispute with his/her bank or payment gateway
In case any client threatens to file a dispute
In case any client threatens to file any legal complaint against us
In case any client files a legal complaint against us
Doing illegal activity on the server
SSH access on Linux Servers
Trying to access remote desktop on windows servers
Brute Force Attacks on the server
Publically displaying their account username and password
Bulk Mailing from any shared hosting server
In case client threatens to post a negative review anywhere
In case client posts a negative review anywhere
In any of above cases, client’s account in client area will be closed, he / she will be blocked from accessing our support lines via phone, email, sms or tickets. All his privileges will be revoked.

12> In case a client violates any of our terms of service all above & following will apply :

Client’s account at Hostmycode.in is closed immediately , so that he won’t be able to login or submit a ticket
We will not reply to any of his means of communication
We will not provide any data backup of his existing data
We will not provide access to his domains
We will suspend or terminate his account anyway