Legal Information


Terms of Service

Host Viper provides products and services to clients all around the world. Host Viper has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services. If you visit, shop, or use any of our products and services at Host Viper, you accept these conditions. Please read them carefully. In addition, when you use any current or future Host Viper products and services or visit or purchase from any business affiliated with Host Viper, whether or not included in the Host Viper Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

Definitions used in this document

“Host Viper”, “HostViper”, “HostViper.in” and “We” are defined as the company Host Viper. “The customer”, “Host Viper customers,” and “You” are defined as patrons of Host Viper. “This site” is defined as any website that is owned, operated or otherwise directly or indirectly maintained by Host Viper. “Service” and “Product” are interchangeable, and defined as any merchandise or commercial offering of Host Viper.

Electronic Communications

When you visit Host Viper or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Content

All products and services provided by Host Viper may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless Host Viper from any claims resulting from the use of the service which directly or indirectly damages any other party.

Commercial Advertising and Bulk Email

Host Viper takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Host Viper may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of Host Viper may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.

SPAM is defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Host Viper will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.

Users who maintain email lists, or send emails to more than 10 recipients at a time, or send more than 1,000 emails in a 30-day period must maintain complete and accurate records of all consents and opt-ins and provide such records to Host Viper upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, Host Viper will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.

Other prohibited activities related to email include, without limitation, the following:

  1. Use of the Host Viper Network for the receipt of replies to unsolicited mass e-mail
  2. Forgery of e-mail headers (“spoofing”)
  3. Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software
  4. Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers)
  5. Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”)
  6. Hosting web pages or providing services that support bulk emailers or SPAM
  7. Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages
  8. Configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails
  9. Use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails

Spam Complaint Fees

A service fee of INR 1500 or the US Dollar equivalent per spam complaint will be applied for SPAM complaints that are processed by or sent to Host Viper as a result of violations of these Terms of Service.
A service fee of INR 2500/hour or the US Dollar equivalent will apply for investigation and corrective work performed by Host Viper to resolve SPAM violations.

IP Blacklist Fees

If, as a result of a Customer’s actions, Host Viper mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, Host Viper shall charge the offending customer INR 5000 or the US Dollar equivalent upfront and INR 1500 or the US Dollar equivalent per hour thereafter for any necessary investigation and corrective work.

Copyright

All content included on Host Viper websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Host Viper or its content suppliers and protected by Indian and International copyright laws. All software used on Host Viper websites is the property of Host Viper or its software suppliers and protected by Indian and International copyright laws.

License and Site Access

Host Viper grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Host Viper. This license does not include any resale or commercial use of Host Viper websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Host Viper. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Host Viper and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Host Viper name or trademarks without the express written consent of Host Viper. Any unauthorized use terminates the permission or license granted by Host Viper. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Host Viper so long as the link does not portray Host Viper, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Host Viper logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use Host Viper products and services , you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Host Viper only with involvement of a parent or guardian. Host Viper and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.

Cancellation or Non-Renewal

To cancel or elect not to renew any Product or Service the Customer must submit a cancellation request via the Host Viper Client Area. This must submitted at least seven (7) calendar days prior to expiration of the current renewal term. To insure the privacy and security of both the Customer and Host Viper, cancellation must be completed via the Host Viper Client Area only.

No refunds, partial or otherwise, will be issued (excluding our 3 day money back guarantee if applicable) for any unused portion of any billing cycle or late cancellations. Clients may request credit to their account for any unused portion that may be applied to additional Host Viper products.

Cancellations requests MUST be made seven (7) or more days prior to expiration of current billing cycle. Cancellations made within the last seven (7) days of the current billing cycle and marked “Cancel at End of Billing period” will not be terminated till the end of following billing cycle and invoice will be due and processed. Cancellations made within the last seven (7) days of the billing cycle and marked “Immediate Cancel” will be terminated by midnight of the day of the cancellation request and the current invoice will still be due and processed per our Terms of Service.

Comments, Communications, Feedback, Forums, and Other Content

Visitors may post feedback, comments, content and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Host Viper reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, you grant Host Viper and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, unless we indicate otherwise. You grant Host Viper and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Host Viper or its affiliates for all claims resulting from content you supply. Host Viper has the right but not the obligation to monitor and edit or remove any activity or content. Host Viper takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Host Viper and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our DMCA Procedure for making claims of Copyright Infringement.

Product Descriptions

Host Viper and its affiliates attempt to be as accurate as possible. However, Host Viper does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by Host Viper itself is not as described, your sole remedy is to return it in unused condition and discontinue using said service within five (5) business days.

Other Businesses

Parties other than Host Viper and its subsidiaries operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Host Viper does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.

Service Abuse

Any attempts to undermine or cause harm to a Host Viper service or customer of Host Viper is strictly prohibited. Host Viper will pursue legal action to the fullest extent for any abuse of Host Viper or its products or services.

Breach of Terms of Service

If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. Host Viper reserves the right to remove any account or service without prior notice. If Host Viper deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation without warning.

Indemnity

You agree to indemnify and keep indemnified Host Viper (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by Host Viper as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.

Length of Contract

The agreement between You and Host Viper will be effective as of the date you sign up for any Host Viper Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with Host Viper via the primary Host Viper website, www.hostviper.in.

Termination

Without limiting other remedies, Host Viper or its affiliates may limit, suspend, or terminate your use of Host Viper Products and Services, prohibit access to Host Viper website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off Host Viper network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the Host Viper network, if you purchased Host Viper Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. Host Viper shall effect such termination by preventing access to your account and to the Host Viper network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, Host Viper may provide notice to you by email, but is not under obligation to notify you.

All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.

You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that Host Viper may immediately thereafter delete any and all hosted data, backup files, email files, domain names, account settings, network addresses and any other content within your account that is stored on the Host Viper network.

Force Majeure

You acknowledge and understand that if the Host Viper Service or Products do not function as a result of a force majeure event, Host Viper will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of Host Viper. In the event Host Viper is affected by a force majeure event, it shall post a notification on the Host Viper website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. Host Viper will not accept any liability for the consequences arising out of a force majeure event.

Disclaimer of Warranties and Limitation of Liability

THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY HOST VIPER ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.

HOST VIPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOST VIPER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOST VIPER OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOST VIPER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOST VIPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED , STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Except in relation to such liability as has been expressly excluded the maximum aggregate liability of Host Viper in contract, tort, statutory duty or otherwise (even where Host Viper has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to lessor of the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and Host Viper becomes liable for loss or damage that would otherwise have been limited.

Applicable Law

By visiting Host Viper, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Host Viper or its affiliates.

Disputes

Any dispute relating in any way to your visit to Host Viper or to products and services you purchase through Host Viper shall be submitted to confidential arbitration in Bangalore, India, except that, to the extent you have in any manner violated or threatened to violate Host Viper intellectual property rights, Host Viper may seek injunctive or other appropriate relief in any court in the city of Bangalore, India, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification and Severability

Please review our other policies posted on this site. These policies also govern your visit to Host Viper. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without prior notice. Updates to our site, policies, and these Conditions of Use will be posted on our web site at http://www.hostviper.in. If any of these conditions shall be deemed by Host Viper or a court as invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Last Updated: 1st August 2016

Privacy Policy

Privacy is important to Host Viper. This privacy policy explains how Host Viper (together with its subsidiaries, affiliates) Host Viper collects, uses, maintains, and discloses information collected from our customers, visitors to our website, individuals who contact us, and visitors to our customers websites (“Users”).

Host Viper strives to provide a safe, reliable, and enriched browsing and service experience to clients and the global community. In order to fulfill this goal we sometimes collect information during your visit to our website. Host Viper promises the following:

  • We do not offer for sale, share, or lease any information given to us, except as disclosed in this privacy policy.
  • Our Privacy Policy applies to prospective, current, and former customers and users.

The terms of this Privacy Policy are in addition to the terms of our Terms of Service (“TOS”), Acceptable Use Policy (“AUP”), Service Level Agreement (“SLA”). We offer products and services that are provided by third parties (“Third Party Products”). These Third Party Products may collect and use information in ways that differ from those stated in this Privacy Policy. Please contact us if you would like a list of these third parties related to your service. Host Viper does not take responsibility for how these Third Party Products utilize your information and we instruct you to visit the respective service provider’s website for more information. Typically these providers only require IP or hostname data.

The purpose of this Privacy Policy to enable you to understand which personal identifying information of yours is collected, how and when we might use your information, who has access to this information, and how you can correct any inaccuracies in the information.

Information We Collect

Host Viper collects certain information from and about its users in three ways: (i) from our web server logs, (ii) with cookies, and (iii) directly from the user.

Web Server Logs

When you visit our website, Host Viper may collect information to administer the site and analyze its usage. Host Viper may collect information such as:

  • Your Internet protocol address
  • The type of browser or computer you use
  • The number of links you click within our website
  • The state or country from which you accessed our website
  • The date and time of your visit
  • The name of your Internet service provider
  • The Web page from which you linked to our website
  • The pages you viewed on our website

Cookies

Our website uses cookies (i.e., small bits of text that our servers place into a file on your computer.s hard drive). We use cookies to save your preferences and login information, and provide personalized functionality. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the Host Viper website.

Personal Information

On some pages of our website users can register to purchase products or services, receive personalized content, and participate in surveys or forums. When you register, Host Viper may ask you for some personal information. If you purchasing products or services from Host Viper, we will request financial information such as credit card or bank account information. Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations or service inquiries, we will ask your name, address, e-mail address, or telephone number. We may then contact you with information about Host Viper products and services.

Support and Access

As a service subscriber you may be asked to disclose personal information to Host Viper so that we can provide technical support to you. We may collect personal information for account verifications in order to provide technical support and troubleshooting services over our helpdesk. If you choose to contact us via email, live chat, or helpdesk, we may retain a copy of the communication with your email address, account information, and our responses. Host Viper makes reasonable effort to make sure all collected data is reliable, up to date, accurate and complete.

Additional Information

To preserve the integrity of our website and network, Host Viper may use software programs to monitor network traffic or to identify unauthorized attempts to cause damage. These software programs may also collect information regarding your usage of our services, website, and network. As an internet service provider, Host Viper provides access to servers for customers around the world to store and manage their data and applications. Host Viper does not own this customer data and is not a controller.

How We Use Your Information

This section outlines how Host Viper protects the information we collect from you.

Customer Record and Inquiries

Host Viper uses the information we collect to notify you about your account and to notify you about changes of the terms and conditions governing use of our websites, products and services. We may also use the information we collect to notify you about other products and services we think you will find valuable and about special offers. You may notify us of your desire not to receive notifications relating to new products and services and specials offers by opting-out as provided for below.

Our employees, contractors, or agents will at times require access to your personal information. Host Viper permits access to this information only for business purposes such as administration and support for our products and services.

Information Released

Host Viper may provide aggregate information about our customers, our websites traffic patterns, and related website usage information to our affiliates and reputable third parties, this information will never include personal identifying data. We take all available measures to select affiliates and service providers that are ethical and provide similar privacy protection to their customers and the community. We do not make any representations about the practices and policies about these companies.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about Users upon valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical.

Contacting You Directly

Host Viper may contact you directly through the email address or other information provided upon account signup. Host Viper will contact you to respond to your questions, to provide the services you request, to manage your account, and/or to inform you of any service announcements. If you require an account contact change, please submit a ticket to our Support department

Opt-out

If you do not want to receive promotional materials or surveys from Host Viper, you may opt out at any time. You may opt out by clicking the “Unsubscribe” link in Surveys, or by sending a message with the subject “I do not wish to receive special communication from Host Viper” to legal(at)hostviper.in. Once this message is received your account will be noted an all reasonable measures will be taken to remove your account from future non-pertinent account mailings.

Third Party Service Providers

We may at times provide information about you to third parties to provide various services on our behalf such as processing credit card payments and hosting service add-ons. We will only share your information when necessary for the third party to provide the requested service. These service partners are prohibited from sharing or storing your personal identifiable information for any purposes unrelated to providing the said service.

How We Protect Your Information

Host Viper uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. Host Viper uses security measures including and not limited to: firewalls, non public facing systems, complex passwords, anti-virus, and mitigation and detection software. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (“SSL”) technology. However, please note that electronic communication (ex: email, online chat, or instant messaging) that you may send to us may not be secure unless we advise you in advance that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information, social security numbers, or passwords to us through unsecured electronic communication.

Access to Your Personal Information and Correction of Inaccuracies

If you wish to access and/or update the personal information we have collected from you, you may either login to our website or client systems and view and change your information.

Transfer to Third Parties

If you wish to transfer your account to a third party (ex: new web host, new company owner), you must make this request via our helpdesk. After your request is received we will provide a transfer of ownership form and we will complete an account standing and history audit. Once you have returned the account ownership request form your account and request will be verified by our Management team. Once the account ownership change is verified and processed, the new account owner will be protected by this Privacy Policy.

Transfer of Data Abroad

If you are visiting the Host Viper website from a country other than the countries in which our networks are located, the various communications will necessarily result in the transfer of information across international boundaries. By visiting our website and communicating with us you consent to the processing and transfer of your data as set by this Privacy Policy.

Content Placed in Public

Some pages on the Host Viper website involve message boards or other online community activities. We strongly suggest users of these areas to use caution as any information disclosed in these areas is public information. Do not disclose information in these public forums that might be considered confidential such as financial information, passwords or email addresses. Users should be aware that when they voluntarily disclose personal identifiable information on message boards or other online communities, that information disclosed in the communication can be collected and used by third parties.

Children

Host Viper does not knowingly collect or solicit any personal information from children under the age of thirteen (13).

Modifications to the Privacy Policy

Host Viper hereby reserves the right to amend, alter, modify, replace or suspend this Privacy Policy, from time to time, in its sole discretion. All changes to this Privacy Policy will be effective when posted on the Host Viper website.

Ensuring Compliance with the Privacy Policy

Host Viper uses a self-assessment approach to ensure compliance with this Privacy Policy and regularly verifies that the Privacy Policy is accurate, displayed and accessible.

Questions or Concerns

If you have any questions, comments, feedback regarding this Privacy Policy or the use and disclosure of personal information, please contact Host Viper via email at legal(at)hostviper.in and we will respond within a timely manner.

Acceptable Use Policy

Agreeing to our Acceptable Use Policy (AUP) means that you understand that we do not allow any illegal content or usage associated with any account on our network. This section also covers backup guarantees and abuse and security issues.

Host Viper Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what Host Viper expects of them while using a product or service. All users of Host Viper products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on Host Viper products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in:

  1. Copyright Infringement including no hosting of warez trackers or torrent sites or any direct copyright infringement
  2. Unsolicited Email ‘SPAM’ to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted
  3. Proxy Email (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties
  4. UseNet SPAM: sending, receiving, forwarding, or posting excessive UseNet content. This includes UseNet services located within the Host Viper network or unrelated third party networks
  5. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services
  6. Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities
  7. Child Pornography
  8. Threats & Harassment: Including but not limited to threats or harassment to individuals, organizations or businesses
  9. Fraudulent activities
  10. Denial of Service (DOS and DDOS)
  11. Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind
  12. Distribution of Malware: including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities
  13. Phishing: any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense
  14. Automated Bots for the purposes of posting content on blogs, forums, or other similar services
  15. Adult Content on any shared hosting type service is prohibited
  16. Online gaming that is part of denial of service attacks such as ‘runescape’
  17. Ping bots, network scanning programs, automated network intrusion programs
  18. IRC ‘Internet Relay Chat’ related applications
  19. Hosting any form of proxy software, or anonymous proxy services
  20. The offering, or reselling to another party who offers, any sort of “free host” or “free hosting” services

A service fee of INR 750 or the US Dollar equivalent per abuse complaint will be applied to any customer with more than 3 (three) verified abuse complaints in a given month. Abuse complaints are defined as documented issues that are confirmed violations of these terms of service and to be a result of customer, or customer’s, web hosted content or information.

Interaction with Customer Service

The Host Viper customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.

Payment and Billing

You agree to pay Host Viper for Products and Services without deduction, or delay for any reason. At any time, Host Viper may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize Host Viper to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice, in India Rupees or US Dollars. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing Host Viper for all costs (including reasonable lawyer fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of INR 750 or the US Dollar equivalent may be applied for each service in the overdue invoice. Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of INR 1250 or the US Dollar equivalent will be applied in addition to any past due balance and/or late fees.

IF YOU DISPUTE CHARGES ON YOUR BILL, YOU MUST NOTIFY Host Viper IN WRITING OF THE DISPUTE WITHIN TEN DAYS OF THE DATE ON THE AFFECTED BILL, OR ELSE YOU WAIVE THE DISPUTE.

Taxes and Regulatory Surcharges

Rates outlined on attached order forms are exclusive of any applicable taxes. You are responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent that you provide Host Viper with a valid tax exemption certificate before Host Viper provides Services to you. You are responsible for payment of any and all Indian or International taxes and surcharges.

Bandwidth Allotment

Host Viper offers multiple flexible bandwidth packages on all web hosting and service plans. Hosting and Service Plans with Unmetered Bandwidth provides you with a network port locked at a specific Unmetered Bandwidth speed (for example, Unmetered 10 Mbps means your server has a 10 Mbps port) and you can use that network port during the entire billing period without any bandwidth over-usage fees. Hosting and Service Plans with Total Monthly Bandwidth allotment plans (such as 1000 GB per month) allow you to push traffic at very high speeds (Up to 100 Mbit or higher, depending on your server’s port speed) over our Premium Network. The bandwidth is calculated 50/50 between inbound and outbound usage. For example, on a 1000 GB plan, your hosting plan can transmit up to a total of 500 GB of data per month and receive up to 500 GB of data per month. Usage levels over your included bandwidth are billed monthly at the rate of INR 100 or the US Dollar equivalent per GB. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage in advance, or suspend service until payment for the bandwidth overage is completed.

Resource Abuse Policy

The Resource Abuse Policy ensures that our servers remains stable for all users and are free from abuse.

Host Viper provides this section to detail additional policies applicable for accounts on any shared or reseller web hosting plan. Accounts many not use more than 10% of the server’s CPU, Disk, Memory or web port connections. Accounts may not run daemons or background tasks.

Accounts may store at most 1 (one) backup of their account in the server’s disk space. Accounts may not use the server disk space for storage of backups, file sharing, file storage or any type of content that is not accessible on the web site you are hosting.

Host Viper will make reasonable efforts where possible to contact the account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits. If the resource usage limits are exceeded Host Viper may, without prior notice or warning, limit access, suspend or terminate the account at Host Viper sole discretion.

Service Level Agreement

Host Viper is committed to providing the most reliable and highest performing Internet service possible. Host Viper is committed to your 100% complete satisfaction ranging from our service and support to our reliability and performance. Host Viper commitment to you is provided in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the Host Viper Network.

Money Back Guarantee

Host Viper offers a 3 day money back guarantee on certain products. If for any reason, you find that our services are not for you, you can request a refund of the amount paid to avail said service within the first 3 days of signing up for this service. Once the 3 day period has elapsed, no refund requests will be processed. This 3 day money back guarantee only applies to Web Hosting or Shared Hosting and Reseller Hosting. There are no refunds for any Virtual Servers (VPS) or Dedicated Servers ordered by you.

Network Service Level Agreement

This SLA provides Customers with certain rights and remedies regarding the performance of the Host Viper Network. The “Host Viper Network” means the Host Viper owned and operated Internet Protocol (IP) routing infrastructure consisting solely of Host Viper measurement devices at selected Host Viper points of presence (“Selected POP’s”) and the connections between them. The amount of credit available per month is subject to a cap described below.

Availability Guarantee

Host Viper is committed to make the Host Viper Network available to Customer free of Network Outages for 99.5% of the time.

Upon Customer’s request (in accordance with the procedure set forth below), Host Viper will issue a credit to Customer for Network Outages exceeding the SLA limits occurring during any calendar month that are reported by Customer to Host Viper and confirmed by Host Viper measurements of the Host Viper Network. Such credit will be equal to one day’s worth of the monthly Access Fee (as defined below) paid by Customer, for each reported incident exceeding four hours of such Network Outages, not to exceed in any calendar month the Access Fee paid by Customer for that month.

Hardware Replacement Guarantee for Host Viper Servers and Equipment

Host Viper guarantees the replacement of any faulty hardware component within a forty eight (48) hour window from the time one of its technicians verifies its need for replacement. Notwithstanding Host Viper ongoing monitoring of all hardware, Customer assumes sole responsibility for notifying Host Viper of any interruption of service from such failure. The 48-hour Hardware Replacement Guarantee begins from the point of diagnostic verification of hardware failure after Customer has duly notified Host Viper. Should hardware replacement require longer than 48 hours, Customer will be notified, and a pro-rated credit of his monthly service fee will be applied to his account.

Access Fee Definitions

The Access Fee for all Customers is the base monthly access fee paid by Customer for use of the applicable Host Viper service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, custom software configuration, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charged for such an item, and managed services.

How to Request a Credit Per This Service Level Agreement

Customer must first report a loss of service by opening an online support ticket with information on the nature of the outage. To request credit, customer may open a second online support ticket within 7 days. This must reference the first support ticket number. Host Viper will credit Customer only from the time and date stamp of the initial support ticket submittal, and only if commensurate with the definitions of service outages in this agreement. To insure the privacy and security of both the Customer and Host Viper, reports of outages and requests for credits per this Agreement must be completed via support ticket only. Requests via e-mail, telephone, fax, physical mail, or any other means will not be processed.

Exceptions

Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA if customer has been delinquent on any bills or payments within the past 90 days, or found in violation of any Host Viper Terms of Service.

Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Host Viper Network caused by or associated with:

  • Circumstances beyond Host Viper reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, storm, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement;
  • Failure of access circuits to the Host Viper Network, unless such failure is caused solely by Host Viper;
  • General telecommunications failure;
  • Scheduled maintenance and upgrades;
  • DNS issues outside the direct control of Host Viper;
  • Excessive traffic/load on Customer’s server(s) which impedes server performance;
  • Customers’ acts or omissions, including without limitation, any negligence, willful misconduct, or use of the Host Viper Network or Host Viper services in breach of Host Viper Terms and Conditions and Acceptable Use Policy, by Customers or others authorized by Customers;
  • Denial of Service (DoS) and/or Distributed Denial of Service (DDoS) (malevolent efforts of a person or persons to prevent Host Viper or Customer’s (or clients of Customer’s) servers or service from functioning efficiently or at all).

General

Host Viper reserves the right to change or modify this SLA at any time effective upon the posting thereof on this website. Except as set forth in this SLA, Host Viper makes no claims regarding the availability or performance of the Host Viper Network or Host Viper services.

DMCA

Host Viper takes infringement very seriously, if you believe your rights have been infringed, please read the following:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Host Viper the written information specified below. Please note that this procedure is exclusively for notifying Host Viper and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including any auction ID numbers and web URL address, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For notice of claims of copyright infringement, Host Viper can be reached as follows:

Host Viper
e-mail: copyright@hostviper.in