Welcome to Sp Hosty website – sphosty.com. These terms and conditions (“Agreement, Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites, which reference these Terms and Conditions. This website is owned and operated by Sp Hosty Company. Throughout the site, the terms (“Sp Hosty”, “us”, “we”, or “our”) offers web hosting and domain through this website www.sphosty.com (the “Service”.)
1.2 These Terms of Service (“Terms”) are provided to guide your use of and relationship with our Site, web pages, platforms, applications, products and services. In these Terms, you may be addressed as “you”, “your” or “User”. The rules that follow are really important and form part of the Terms and Conditions of Service (“Terms”). If you don’t agree with these rules or any other portion of the Terms, please don’t use the Service.
1.3 Sp Hosty offers this website, including all information regarding our website hosting and domain, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Sp Hosty a company registered in India and operating within the ambit of the laws of the India and European Union (EU), having its registered office at Ramanathpur, Chanditala, Hooghly, Pincode 712704, Westbengal, India.
Modification of terms
1.4. We may amend these Terms at any time by posting revised Terms on the Site and/or sending you Notice of the same to the email address associated with your Account, as defined herein. Each revised version will state its effective date, which will be on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
Acceptance of terms
1.5. You understand that by using Services, you are agreeing to be bound by these Terms, including any and all of your warranties and representations contained herein. If you do not accept these Terms in their entirety, you may not access or use the Services. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that event, “you” and “your” will refer and apply to that entity.
2. Definitions of Terms
2.1 “Account” means collectively the personal information, Payment Information and credentials used by users to access Paid content and / or any communications System on the website.
2.2 “Domain” means distinct group or collection of computers, devices, or resources that are connected and managed under a common set of rules and administration
2.3 “Hosting” Means to the service of providing storage space and making web content accessible to be viewed and accessed by users online. It involves storing the files, databases, and other resources that make up a website on servers connected to the internet.
2.4 “Content” means any text, graphic, image, audio, video, software, data compilation, and any other form of information capable of being stored in a computer that appears on, or forms part of this website.
2.5 “Services” means, means collectively any online facilities, tools, services or information that Sp Hosty makes available through the website either now or in the future;
2.6 “Payment information” means any details required for the purchase of service from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes
2.7 “user” or “users” means any third party that accesses the website and is not employed by Sp Hosty acting in the course of their employment;
2.8 “Advertiser” means any User that uses the Services to purchase our service.
2.9 “Protected Content” means all non-User Generated Content included as part of the Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained therein.
2.10 “Third Party Payment Processor” means any third-party payments application, including but not limited to Stripe payment PayU Money, Paytm that Sp Hosty uses to process and distribute User payments in connection with the Services.
- Accounts Registration
3.0 In order to access our Services, you may need to open an account. Do not use an account that does not belong to you or is not registered in your name. As a condition of using our Services, you agree to provide accurate and complete information. You are responsible for activity that occurs under your account. If provided with a user name, password or any other piece of security information, treat this information as confidential, and do not disclose it to any other person or entity. Your account is personal to you and you may not provide anyone else with access to this website, or its Services, using your user’s name, password or other security information. Notify us immediately if you discover a breach of security or an unauthorized use of your account.
This website is offered to users who are 18 years of age or older. By using this website, you represent and warrant you are of legal age and can form a binding contract. If you don’t meet this requirement, you must not access or use the website. Sp Hosty have the right to disable any user name, password or other identifier at any time in our sole discretion, including if, in our opinion, you violate these Terms. Where an identifier is disabled, we are not liable for losses suffered, including but not limited to the loss of any data, purchase history, or otherwise. If there is unauthorized use of your account, you may be liable for any damages or losses suffered by Sp Hosty.
3.2 Domain Registration
3.2.1 We provide domain registration services subject to the terms and conditions set by the relevant domain registry.
3.2.2 You agree to provide accurate and complete information for domain registration purposes.
3.2.3 You are responsible for renewing your domain registration(s) to avoid expiration.
- Hosting Services
4.1. Our hosting services provide server space and resources for hosting websites and related content.
4.2 You are responsible for the content you upload or host on our servers.
4.3 Prohibited content includes, but is not limited to, illegal, infringing, or harmful material.
- Prohibited Activities
5.1 We don’t allow free domain on our any hosting. If you still place an order with the free domain and use it for spamming purpose. Your account will be suspended immediately and no refunds will be done.
5.2 Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to sphosty.com’s customers. sphosty reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
5.3 Use of sphosty.com’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited.
5.4 Sp Hosty services may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
5.5 Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
5.6 The use of sphosty.com’s services to store, post, display, transmit, advertise or otherwise make available any type of pornography is prohibited. sphosty as required by law, and will, notify law enforcement agencies when it becomes aware of the presence of pornography on, or being transmitted through its services.
5.7 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. Sp Hosty 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 sphosty agree that in no case, sphosty can be held responsible for the loss of data in any circumstances.
5.8 In case of a change in the price of third party Software/WebPanel/API Change customers has to follow the new price. We will send new separate invoice & customers has to pay the new invoice. Failing to which Sp Hosty reserves the right to suspend and terminate the accounts.
5.9 We provide refunds within 7 days of order on shared hosting packages. We do not provide refunds on yearly purchases.
5.10 We Don’t Provide cPanel’s Backup wizard (Because it increases server’s load avarage And Herm) And Let’s Encrypt SSL (We Provide Auto SSl).
5.11 We Don’t Provide Terminal in cPanel Hosting.
5.12 Please be aware that you are prohibited from using your own affiliate link for purchasing products or services within your own account. Our affiliate program is designed to reward individuals for referring new customers to us. Any attempt to use your own affiliate link for personal purchases will result in the forfeiture of any affiliate commissions earned and may lead to the termination of your affiliate account. The purpose of the affiliate program is to encourage external referrals, and we appreciate your understanding and cooperation in adhering to this policy.
5.13 we provide sales related support on calls and WhatsApp if you need any technical support so you need to contact On Mails Support@sphosty.com
5.14 We provide free backups with all hosting services. However, it is important to note that in the event of your cPanel termination or any technical issues leading to corrupted backup files, we regretfully cannot guarantee restoration. Therefore, it is advisable not to solely rely on our free backups. We strongly recommend that if you have vital data, you take proactive measures to safeguard it by saving the data to an alternate location.
- Third Party Links
Our Services may contain links to third party websites not under our ownership or control. We are not responsible for the content, privacy policies, or practices of any third-party websites and you relieve Sp Hosty from any and all liability arising from your use of a third-party website.
6.1 Trademarks and Intellectual Property
Sp Hosty and all related names, logos, service names, designs and slogans are trademarks of Sp Hosty or its affiliates or licensors. You may not use these marks without our written permission. All other names, logos, service names, designs and slogans on this website are the trademarks of their respective owners. This website and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, Sp Hosty and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You may only use these as directed, to the extent directed. If you have any questions, please contact us.
6.2 Transactions and Placing an Order
All descriptions, images, references, content, specifications, products, and prices depicted are subject to change at any time without notice. Price, Content, and other descriptions are approximate and are for convenience purposes only. We have made every effort to display as accurately as possible the price and images of products but cannot guarantee your monitor’s display of any price will be accurate.
6.3 Payment Process
Payment for all service purchased through our Site must be by credit, debit card or stripe payment PayU Money, Paytm. In the event we suspend or terminate your account because of a breach of these Terms, you agree you will not receive a refund or exchange for any unused subscription time, any license or subscription fees for any portion of a Service, any content or data associated with your account, or anything else. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or amounts due because of your breach of these Terms.
6.4 Refund policy
6.4.1 Our Refund Policy is applicable for new customers within 7 days of their initial payment. If you haven’t received your product yet and wish to cancel, please submit a support ticket.
6.4.2 For shared hosting and reseller hosting, if you’re dissatisfied with our services, you can request a refund within 7 days.
6.4 .3 Please note that refunds and cancellations are not available for domains, VPS, dedicated servers, and payment gateway charges.
6.4.4 Once the refund is issued from our end, you can expect to receive the payment in your bank account within 3-7 working days, as per the processing times of Rezorpay, Stripe, PayU Money, and Paytm.
6.5 Acceptable User Policy
We do not allow IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures ,Livechat/Chat Scripts, Download sites(Pirated softwares), Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, rpg’s, hate sites, hacker focused sites/archives/programs, sites promoting illegal Activities, Flash Games or Online Gaming Sites,Movie’s,MP3 Songs, File hosting.
We do not allow content which are subjected to Hacking/Phishing, Malware/Virus, Spamming/Abusing.
We do not allow content which are subjected to copyright and DMCA Like Movies, Music’s, games etc.
We Do Not allow Mass Mailing or Mass Mail Receiving Because email service which are provided by us in our hosting is for common use for webhosting, it is not email hosting.
we do not allow adult/porn content, harmful content, or any illegal content.
If we found anyone spamming, abusing and using slung Language and misbehave with our support team or doing Fraudulent Chargebacks or cases then we reserve the right to suspend and even terminate that account without any prior notifications.
7.1 Disk Space:
Per our policies, at least 90% of your web pages (asp, php, html etc.) must be ‘Linked’ with files (.GIF, .JPEG, etc.) stored in our server. Websites containing no HTML documents or having a large number of unlinked files are subject to deletion of files or account cancellation without prior notice. Downloading websites like music/media/mp4/movies/softwares etc is prohibited in Linux shared hosting and Linux Reseller hosting plans.
7.2 Resources Usage Policy
As you know that in Shared Hosting Server Environment, Resources are limited. Our Premium Shared Hosting, Reseller Hosting, Master Reseller Hosting, Alpha Reseller Hosting are in shared hosting environment so resources are limited in these hosting plans, if you take or taking reseller, master reseller or Alpha reseller then resources for your cpanels or clients are also Limited. Our Default Limits are:-
CPU Usage: – 100 %
Physical Memory (RAM): – 2 GB
I/O Usage: – 10 MB/s
IOPS: – 2,048
Number of Process: – 50
Entry Proess: – 20
If any of your account or your clients account exceed these limits then we can suspend your or your clients account by informing you via email or WhatsApp. In most cases, we first contact you and say to optimize your site to decrease resources usage
We Don’t Provide Cpanel’s Backup wizard (Because it increases server’s load avarage And Herm) And Let’s Encrypt SSL (We Provide Auto SSl).
we Don’t Provide Terminal in cPanel Hosting. sphosty.com
“Unlimited” usage policies and definitions apply only to Web Hosting, WordPress Hosting, Business Hosting, Sphosty Hosting, Cloud Hosting and reseller hosting accounts.
8.1 Sp Hosty employs complex mechanisms to protect its hosting Subscribers and systems from any kind of abuse. Sp Hosty’s “Unlimited” hosting offering is not for single or few hosting subscribers to unfairly or adversely impact the experience of other hosting Subscribers. Sp Hosty’s service is offering shared hosting service, which means that multiple hosting Subscribers’ websites are hosted from the same server and share server resources. Sp Hosty’s service is designed to meet the typical needs of small and medium-sized businesses across globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a VPS or a dedicated server. Sp Hosty 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, Sp Hosty does place automated safeguards to protect against any website growing too quickly and adversely impacting the system until Sp Hosty can evaluate said sites resource needs.
8.2. Unlimited Hosting Space, excessive SQL Database
8.3 Sp Hosty does not set any specific limits on the amount of disk space a hosting subscriber can use for their website, nor does Sp Hosty charge additional fees based on an increased amount of storage used, provided the hosting subscriber’s use of storage complies with these Terms. Please note, however, that the Sp Hosty service is designed to host websites. Sp Hosty does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting subscriber’s account, with or without notice. Accounts with an excessive database size (i.e., more than 1 GB) negatively affect the performance of the server. Sp Hosty may request that the database size be reduced to ensure proper performance or may disable the Subscriber’s account, with or without notice. Hosting subscribers can create multiple databases however size of each database should not be more than 1 GB.
8.4 Per our policies, at least 90% of your web pages (asp, php, html etc.) must be ‘Linked’ with files (.GIF, .JPEG, etc.) stored in our server. Websites containing no HTML documents or having a large number of unlinked files are subject to deletion of files or account cancellation without prior notice. Downloading websites like music/media/mp4/movies/softwares etc is prohibited in Linux shared hosting and Linux Reseller hosting plans.
8.5 Unlimited File Transfer
Sp Hosty does not set any limits on the amount of visitor traffic a website can receive or on the amount of content a hosting subscriber can upload to his/her/its website in a given month, nor does Sp Hosty charge additional fees based on increased use of bandwidth, as long as the hosting subscriber’s use of the Services complies with these Terms. In most cases, a hosting subscriber’s website will be able to support as much traffic as the hosting subscriber can legitimately acquire. However, Sp Hosty reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other hosting subscribers.
9. Unacceptable Resource Usage
9.1 Run cron entries with intervals of less than fifteen (15) minutes.
9.2 Run any MySQL queries longer than thirty (30) seconds.
9.3 Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
9.4 The size of each mailbox should not exceed 5GB and combined mailbox size per domain should not exceed 50GB.
10.1 YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Sp Hosty DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES. Sp Hosty ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OF OUR SERVICES, OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. Sp Hosty DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ITEM LISTED, ANY SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING. Sp Hosty WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES SO PLEASE USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
11.1 IN NO EVENT WILL Sp Hosty BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OF OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INACCURACIES OR MISTAKES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND THAT RESULTS FROM YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THE FOREGOING LIMITATION APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Sp Hosty its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “Sp Hosty”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising or resulting from: (i) your use of and access to a Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms and your use of the applicable Service(s).
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Governing Law and Jurisdiction
The Site shall be governed by the laws of India, including federal copyright and trademark laws, and the laws of India applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in the India and you agree to accept service of process by mail. Any action based on a breach of any provision of these Terms & Conditions shall be brought exclusively in the federal or local courts presiding in India. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available
15. Termination of Use or of an Account
Please note, use of our Services does not give users a continued right to use or have access to such Services. We want everyone to enjoy their experience, and consequently we reserve the right to terminate a user’s access to a Service, including a user’s account, if the user: (1) engages in predatory, bullying or unlawful behavior, (2) violates these Terms, (3) infringes on the intellectual property rights of others, or (4) infringes on the privacy rights of others. This includes the ability to remove a post that we believe is in violation of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any attempt by you to assign that is not consented to will be considered null and void.
- Complaints, Feedbacks or Comments
Please contact us at email@example.com and we will always use reasonable effort to look any and all issues dispassionately and in timely manner.