Terms of Service

Web Hosting Agreement

This Web Hosting Agreement ("Agreement") is between METALOGIX SOLUTIONS PRIVATE LIMITED Address: 4TH FLOOR, UNIT NO. 405-411, H NO. 1-98/3/5/23 TO 27, HITEX BIZNESS SQUARE, SY NOS 66 AND 67, JUBILEE ENCLAVE Madhapur, SERLINGUMPALLY MANDAL City: Hyderabad, State: Telangana, India, PIN Code: 500081 ("HostChain") , and the individual or entity signing up online via Hostchain India’s service order form ("Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer’s use of Hostchain India’s web hosting services, including cloud hosting, VPS, and domain services.

1. Services

Subject to this Agreement and Customer’s compliance with Hostchain India’s credit approval, Hostchain India agrees to provide the web hosting services outlined in the Order for the specified fees. Services are for lawful purposes only, in accordance with the Indian Information Technology Act, 2000. Customer agrees to indemnify and hold harmless Hostchain India from claims arising from service use.

Customers must ensure scripts and programs are secure, with directory permissions set to 755 or more restrictive. Customers are responsible for all account actions, including those due to compromised credentials. Secure passwords are mandatory; accounts with weak passwords may be suspended until updated.

2. Term

The Agreement begins on the date Hostchain India sends an email confirming account activation ("Service Commencement Date") and continues for the duration specified in the Order ("Initial Term"). It auto-renews for up to three successive terms of the same duration ("Renewal Term") unless either party provides written non-renewal notice at least 30 days before the Initial or Renewal Term ends. The Initial and Renewal Terms are collectively the "Term."

3. Payments

(a) Fees

Fees are payable in advance on the first day of each billing cycle (monthly or annually, as per the Order), starting on the Service Commencement Date. Hostchain India may require initial payment before service activation. For credit/debit card billing, Customer authorizes recurring charges on or after the first day of each billing cycle. Otherwise, invoices are sent via email to the Primary Customer Contact, due by the 14th day of the billing cycle. Payments must be in Indian Rupees (INR). Customers must update billing information (e.g., card details). Hostchain India may accrue charges until they exceed INR 750. Overdue amounts may incur 1.5% monthly interest or the maximum allowed under Indian law. Services may be suspended without notice for non-payment. Customers must pay a reinstatement fee of INR 3,500 and reasonable collection costs (e.g., legal fees) for overdue amounts. Undisputed fees after 60 days are deemed accurate.

(b) Fee Increases

Hostchain India may increase fees at the start of a Renewal Term with 45 days’ prior notice. Non-renewal notice per Section 2 is required to avoid the new fees, which apply to subsequent Renewal Terms unless further increased.

(c) Taxes

Customers must remit applicable taxes (e.g., GST) on services, as required by Indian law, excluding taxes on Hostchain India’s income.

(d) Early Termination

Fees are based on Customer’s commitment to the full Initial or Renewal Term. If Hostchain India terminates for Customer’s breach (per Section 9) or Customer terminates without cause, remaining fees for the Term are due the next business day.

4. Acceptable Use Policy (AUP)

Customer must comply with Indian laws and Hostchain India’s AUP at https://www.hostchain.in/acceptable-use-policy, incorporated herein. Hostchain India may amend the AUP to reflect reasonable restrictions, effective upon notice or the start of a Renewal Term. Customer must cooperate with AUP violation investigations. Hostchain India’s reasonable interpretation of the AUP prevails in disputes.

5. Customer Information

Customer warrants that provided information is accurate. Individuals must be 18 or older. Hostchain India relies on the Primary Customer Contact’s instructions until written notice of change is received.

6. Indemnification

Customer agrees to indemnify Hostchain India, its affiliates, officers, directors, and employees against claims, liabilities, losses, or expenses (including legal fees) arising from service use violating Indian law or the AUP, whether by Customer or others using their credentials.

7. Disclaimer of Warranties

Hostchain India does not guarantee uninterrupted, error-free, or fully secure services. To the extent permitted by Indian law, all services are provided "as is," with no warranties of merchantability, fitness for purpose, or non-infringement.

8. Limitation of Liability

Neither party is liable for lost profits, indirect, special, incidental, or consequential damages, even if advised of such possibility. Hostchain India’s maximum liability, under any legal theory, is limited to the amount payable by Customer for three months of service.

9. Suspension/Termination

(a) Suspension

Hostchain India may suspend services without notice if: (i) services violate the AUP; (ii) Customer fails to cooperate with AUP investigations; (iii) suspension protects the network or other customers; or (iv) required by law enforcement. A reinstatement fee of INR 3,500 applies.

(b) Termination

Customer may terminate with 10 days’ notice if Hostchain India materially fails to provide services and does not remedy within 10 days. Hostchain India may terminate: (i) with 10 days’ notice for overdue payments; (ii) with 30 days’ notice for other material breaches not cured; (iii) with 1 day’s notice for repeated AUP violations or Customer Information breaches; or (iv) with 10 days’ notice for insolvency or bankruptcy events.

10. Requests for Customer Information

Hostchain India may report illegal conduct to authorities or provide Customer information in response to law enforcement requests or valid civil action requests, without notice.

11. Backups

Hostchain India does not guarantee the availability, completeness, or integrity of backups. Customers must maintain their own backups. Hostchain India is not liable for data loss due to backup failures, even if caused by negligence. Data restoration is a complementary service, not a substitute for Customer backups. Backup policies create no warranties. Backups are deleted 30 days after account termination.

11.1. Email Backups

Email backups are not guaranteed. Customers must maintain their own email records and manage account quotas. Emails to accounts at quota limits are not retained.

12. Network Changes

Hostchain India may modify its network (e.g., software, hardware) in its discretion, and is not liable for impacts on Customer content or applications.

13. Notices

Notices to Hostchain India must be sent via support ticket at https://my.hostchain.com. Notices to Customer are sent to the Primary Customer Contact’s email, deemed received on transmission or the next business day. Customers may update notice details via written notice.

14. Force Majeure

Hostchain India is not liable for failures due to events beyond its control, including power outages, Internet failures, natural disasters, or civil unrest.

15. Governing Law/Disputes

This Agreement is governed by the laws of India, particularly the Indian Contract Act, 1872, excluding conflict of law principles. Disputes shall be resolved exclusively in the courts of Bengaluru, Karnataka, India, and both parties consent to this jurisdiction.

16. 99.9% Uptime Guarantee

Hostchain India guarantees 99.9% uptime per calendar month. Refunds of the monthly fee are issued for outages exceeding 10 consecutive minutes due to Hostchain India’s network or server failures. Exclusions include third-party equipment failures, customer script issues, or denial-of-service attacks. Refund requests must be submitted within 10 days of the outage.

17. Money Back Guarantee

Hostchain India offers a 30-day money-back guarantee, refundable upon request with no questions asked. After 30 days, no partial refunds are issued for billing periods. The guarantee is exercisable once every 12 months.

18. Domain Names

Customers are responsible for registering and renewing domain names. Hostchain India is not liable for failure to renew domains, even if registered via https://my.hostchain.com.

19. Customer Responsibilities

Customers are responsible for all account activity, including third-party content. Customers must have sufficient knowledge of Internet protocols (e.g., HTML, FTP, CGI) to manage their web space. Hostchain India does not provide support for general Internet knowledge.

20. Actions by Hostchain India

Violations of this TOS may lead to account deactivation. Hostchain India may investigate violations, restrict access, or terminate accounts at its discretion. No credits are issued for outages due to TOS violations. Hostchain India is not liable for damages from service use and provides services "as is."

21. Account Cancellation

Cancellations must be requested 72 hours before the next billing cycle via https://my.hostchain.com under "My Products & Services." No refunds are issued for processed payments.

22. Third-Party Software

Customers must use licensed third-party software (e.g., WordPress, Joomla) and keep it updated. Compromised sites with outdated software incur fees: INR 2,000 (1st offense), INR 4,000 (2nd), INR 8,000 (3rd), and permanent removal (4th). Routine scans identifying outdated software trigger a 48-hour update notice; non-compliance leads to suspension.

23. Miscellaneous

Each party retains ownership of its intellectual property. The relationship is that of independent contractors. Amendments require written agreement. Non-enforcement of a provision is not a waiver. Surviving provisions include fees, indemnification, liability limits, and intellectual property. No third-party beneficiaries exist. Customers may not transfer the Agreement without Hostchain India’s consent. This Agreement, with the Order and AUP, is the complete agreement.

24. Inode Limits

Inodes represent files and folders on an account. Shared and reseller accounts have a soft limit of 150,000 inodes; exceeding this excludes accounts from backups. Exceeding 350,000 inodes violates the TOS, risking suspension. Violations include excessive file creation/deletion (e.g., 10,000+ files).

25. Modifications

Hostchain India reserves the right to modify this Agreement at any time without notice.