Terms Of Service

Terms Of Service

This Web Hosting Agreement is between Ultimatewebhoster.com Pvt Ltd and the person/persons who use our web hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

 
Customer Agreement

Ultimatewebhoster.com provides cPanel hosting, Windows hosting, email services, domain registration, reseller hosting, VPS hosting, Cloud hosting and dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on Ultimatewebhoster.com. You shall agree to use our services for legal purpose in connection with your use of our services. Ultimatewebhoster.com reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when Ultimatewebhoster.com decides that the account has been inappropriately used or otherwise.

 
Content

Ultimatewebhoster.com reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.

The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.

Botnets, spam bots, mail bombers, port scanners, IP scanners brute force sales of illegal pharma, drugs malware, warez, phishing materials, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.

Website content that promotes or advocates human trafficking in any way shape or form as determined by Ultimatewebhoster.com’s sole discretion, sites that promote prostitution, or escort services.

Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.

Illegal Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Ultimatewebhoster.com.

Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material.

Ultimatewebhoster.com reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.

Refer General Acceptable Use Policy for complete details on prohibited content and activities.

In compliance with DMCA act, Ultimatewebhoster.com has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to abuse@Ultimatewebhoster.com.com

 
Abuse Of Resources
  • Any attempts to compromise or actual compromise of a network device belonging to Ultimatewebhoster.com or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • Denial of Service (DOS) attacks directed at Ultimatewebhoster.com, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
  • The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the Ultimatewebhoster.com staff we have full right to remove them from our services without any refund.

 
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.

Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of 2237.7 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be 4475.39. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.

 
Bandwidth

If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.

 
Account Verification

Account Verification is not necessory but only required in case of abuse. If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.

 
VPS Rules

We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS' themselves. The support team will not be responsible for this. With windows VPS, we provide evaluation version which can be re-activated after every 6 months.

 
Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Ultimatewebhoster.com would be the sole arbiter as to what constitutes a violation of this provision.

In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server hardware node give us optimum performance we have set limits on the number of outgoing mails which can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 300 outgoing mails per hour, our VPS customers would be able to send 1000 outgoing mails every hour and the Cloud hosting customers may send 1500 outbound mails per hour. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.

We do not guarantee Inbox email delivery with any of our hosting plans.

 
Backup Policy

Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. Ultimatewebhoster.com does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You as a Ultimatewebhoster.com User agree that in no case, Ultimatewebhoster.com can be held responsible for the loss of data in any circumstances.

Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by Ultimatewebhoster.com will not have any emails or media file included in it.

Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

 
Unlimited Hosting

"Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts. Click here to read the unlimited hosting policy.

The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for WordPress hosting, Business hosting, Linux & Windows based shared hosting plans.

 
Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by Ultimatewebhoster.com or our network providers will not count towards the uptime guarantee. Ultimatewebhoster.com is not liable in any way for failure of third party services.

Ultimatewebhoster.com will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

 
Security

You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Ultimatewebhoster.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

 
Billing Policy

If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.

The 30 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365 and any other paid licenses.

The modifications done in pricing pattern or policy by the software license company will take effect immediately on Ultimatewebhoster.com clients.

The money back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting and Email hosting.

No refund will be made if your Service(s) are suspended or terminated for cause.

There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won't be eligible for refund in such cases.

The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.

The free domain is offered with Swift and Turbo plan of shared hosting. One free .COM or .IN domain is offered with purchase of every new Swift/Turbo plan for 1/2/3 years. Domain name will be free for the first year and renewal charges will be applicable from the second year.

You must add the domain name into your cart with the hosting plan. You cannot claim the free domain later.

If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Ultimatewebhoster.com if you fail to pay the difference amount.

Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.

One free WHMCS Starter or ClientExec license is included in reseller hosting plan (Pluto/Mars/Jupiter). WHMCS starter license allows you to manage upto 250 clients. You can upgrade the WHMCS license from us by paying the appropriate license cost. If the reseller hosting plan is cancelled within first 30 days then WHMCS Starter or ClientExec license cost will be deducted from the refund amount.

The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.

The refund request placed after 30 days will not be processed and you will not be eligible for any refund.

The cancellation request should be sent through client area.

After sending the cancellation request, it would take 4 - 5 working days to complete the refund process.

 
Indemnification

Customer agrees that they will protect, indemnify, save and hold Ultimatewebhoster.com harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Ultimatewebhoster.com, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns.

Customer agrees to defend, indemnify and hold Ultimatewebhoster.com harmless against liabilities arising out of -

  • Any injury to person or property caused by any products sold or distributed in association with Ultimatewebhoster.com's Services;
  • The loss of any electronic files furnished by customer (Or customer's customer);
  • Copyright violation and any defective products sold to a customer from Ultimatewebhoster.com's Services
 
Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. Ultimatewebhoster.com reserves the right to modify / change the terms of service at all times. All customers would be bound by the newest terms published on the website.


AFFILIATE PROGRAM TERM

Affiliate Terms and Conditions
To be an authorized affiliate of ULTIMATEWEBHOSTER.COM, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the ULTIMATEWEBHOSTER.COM service as an affiliate. By signing up for the ULTIMATEWEBHOSTER.COM affiliate program, you indicate your acceptance of this agreement and its terms and conditions.

Our affiliate program is designed to help you generate income in exchange for referring new hosting clients to our company. Listed below are the terms and conditions associated with our affiliate program.

Products eligible for affiliate commission
Shared Hosting

Products not eligible for affiliate commission
Domain Name
SSL Certificate
Website Development

Payment:
Affiliates are paid a one-time referral fee for each hosting account referred to our services. A referral is counted when a unique customer first clicks on an affiliate tracking link and within 365 days completes the signup process and stays active for 90 days.


Affiliate accounts must be active at the time of the referral. No referral fee will be given to your affiliate account for sales that occurred before you joined the affiliate program.

Affiliates commission is approved after 90 days from the date of client purchase. 

A $2 signup bonus is added into the affiliate account; the bonus will be paid to the affiliates once they earn $25 in the form of commission. 

Affiliates must earn a minimum of $25 before the affiliate account is eligible for payment.

Affiliate commissions are paid on the 15th of every month.

Affiliates are eligible for the commission only if they refer new clients. Existing clients placing orders through affiliates, such commissions will be declined.


Affiliates are paid only if the order process is completed, if the client cancels the order then it is treated as cancelled and the affiliates are not eligible for the commission.

Affiliates payment is done through PayPal, Bitcoin, Perfect Money, Skrill, Neteller.

Affiliates are responsible for ensuring that all payee information is up to date in the affiliate system. We are not responsible for lost/stolen payments. The affiliate is responsible for keeping all information up to date including postal and email addresses, name, payment information, or any other personal information that will impact the ability to issue a valid payment. Failure to provide current information may result in forfeiture of any referral fees due to you. Referral fees that are left unclaimed or are returned for invalid or insufficient address information or for other reasons may be forfeited as well.


Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges, and other expenses incurred in order to receive their referral fees. Please check with your local banking institution or PayPal to find out if any of these apply to your account.

Because of the high frequency of credit card fraud and cancellation rates, we reserve the right to hold referral fees for up to 180 days for verification. We also reserve the right to cancel referral fees in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first 90 days, or if we learn that the referral fee was earned improperly for any other reason.

Affiliates can check the status of their commission in their affiliate dashboard. (Note: For this just log in to your affiliate account)

Reversals:
Referrals must have an active hosting account for 90 consecutive days or referral fees will be reversed.

Referrals that downgrade their hosting package will be reversed.

Referrals that issue a chargeback or are found to be fraudulent (false information, fake/stolen credit cards, selling counterfeit goods, etc.) will be reversed regardless of the amount of time that has passed since the signup occurred.

Referrals that cancel before you have met the $25 payout minimum will be reversed.

Advertising Compliance:
Affiliates MAY NOT offer cashback, rewards, or other incentives to drive traffic/sales via their affiliate tracking links.

Affiliates MAY NOT use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic, or similar methods.

Affiliates MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1x1 pixel iframe).

Affiliates MAY NOT bid on or use our company name, trademark, trademark +, or misspelled keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask, etc.).

Affiliates MAY NOT use the trademark, trademark +, or misspelled keywords in their domain names.

Affiliates are responsible for ensuring their tracking code is working properly before sending traffic to our servers. Any modification to the links is the sole responsibility of the affiliate. Referral fees will not be paid for tracking errors caused by editing, masking, redirecting, or tampering with your links.

The use of redirected pages and links to send a user to our site is prohibited. For example you may not have a PPC link on a search engine that redirects the user to our site.

Domain forwarding is prohibited - you may not purchase a domain and set it to forward directly to our site using your affiliate link.

Affiliates MAY NOT copy our website or portions of it and display them on their own site or subdomain.

Affiliates MAY NOT engage in the advertisement of business opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and renewal rates).

Affiliates MAY NOT use the trademark, trademark +, or misspelled keywords in their page titles.

Affiliates should not add our banners or text links on websites containing adult, child pornography-related content/images/videos, etc.

Deactivation:
Affiliate accounts may be deactivated at any time without warning or notice. Your account WILL BE DEACTIVATED and referral fees set to 0 for failure to comply with the Affiliate Terms and Advertising Compliance contained herein.

Any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.

Affiliate accounts generating a large number of fraudulent accounts will be deactivated.

Affiliates may not resell hosting. All clients must provide their own payment method and contact information to be eligible for affiliate referral fees.

If you would like to discontinue your affiliate status, simply remove your affiliate links and no longer promote them. For accounting purposes, your account and personal information will not be removed from our system.

Agreement
BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE AFFILIATE PROGRAM, OR DEACTIVATE YOUR ACCOUNT IF YOU ARE ALREADY A MEMBER

Changes:
Changes to the Terms and Conditions apply to you. You may review the most current version of the Terms and Conditions on the website. ULTIMATEWEBHOSTER.COM may change the Terms and Conditions, in whole or in part, at any time at ULTIMATEWEBHOSTER.COM's sole discretion. Posting of such changed Terms and Conditions on the site shall constitute notice of such changes to you, although ULTIMATEWEBHOSTER.COM may choose additional types of notice. Your continued use of the Affiliate Program following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy are to deactivate your account as described above.

If you have any questions regarding our Affiliate program, please drop an email to info@ultimatewebhoster.com