With its cPanel Program, Outpower Hosting gives YOU, as a hosting client, the opportunity to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond Outpower Hosting's power to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on Outpower Hosting's servers, which suggests that you had better consider carefully any piece of information before uploading it to your newly allocated Outpower Hosting server space. It is recommendable that you avoid publishing personal data that could be abused online.
The order form completion represents the electronic signing of this document.
1. ENTIRE AGREEMENT; SERVICE AGREEMENT
Outpower Hosting shall provide its Services to You under the Terms and Conditions of this Service Agreement. You will be referred to as the Customer or the Customers, for short. In some places you might be referred to simply as YOU. The Agreement is intended to keep the integrity of Outpower Hosting on the one hand, and that of the Customer on the other, thus protecting both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Service Agreement constitutes the whole act of convention between Outpower Hosting and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
You understand and agree that the Service is provided "AS-IS" and that Outpower Hosting assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
2. BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
We separate the background-running operations/programs in 2 categories:
Outpower Hosting can continuingly run programs, named cron jobs, in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, Outpower Hosting avoids placing complementary charges upon customers, providing the CronTab service that is integrated in the hosting Control Panel.
We do not allow background-running programs. These include any IRC-related software such as bouncers and bots. We provide a hosting service, not a shell service. You are not allowed to compile and run software on our hosting servers.
3. SCRIPTING AND BANNED SCRIPTS
You are free to use any scripts you wish provided they do not affect the servers' normal operation and are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Outpower Hosting reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
4. OPTIONAL SERVICES
These services include but are not limited to: Fantastico package, Mailing Lists and others, are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. OUTPOWER HOSTING'S ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. OUTPOWER HOSTING REJECTS ANY IMPLIED WARRANTIES. ANY OF OUTPOWER HOSTING'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY OUTPOWER HOSTING, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
5. SERVICE GUARANTEES
99.9% Network Uptime Guarantee
Outpower Hosting guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where Outpower Hosting has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar problems with subscribers domain names, routing problems between clients location and our data center. The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that Outpower Hosting cannot directly influence. Outpower Hosting may temporarily deny or terminate service upon clients failure to pay their charges when due.
Outpower Hosting will guarantee 99.9% Outpower Hosting network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
Network Outages or Unscheduled Downtime is any unplanned or unexpected interruption in the network availability due to a hardware, software, network connectivity or data center problem, during which a 100% packet loss is experienced.
6. SERVER USAGE & HOSTED CONTENT
7. PAYMENT AND CHARGEBACKS
Customers should abide by our Order Verification Policy.
8. MONEY-BACK GUARANTEE
Outpower Hosting offers a 30-day money-back guarantee. If you are not satisfied with our service, you can email and receive a full refund for your package within 30 days after you purchased the account. However, all domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a $10.99 USD /year per domain registration/transfer fee.
There are two ways for this fee to be deducted:
9. WARRANTIES AND REPRESENTATIONS
Outpower Hosting provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. Outpower Hosting bears no responsibility for connection problems, in cases when customers' hosting with Outpower Hosting confronts with service interruption issues.
10. NO UNLAWFUL OR PROHIBITED USE
As a condition for your and your clients' use of the Outpower Hosting Services, neither you nor your clients might use the Outpower Hosting Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Outpower Hosting Services, other accounts, computer systems or networks connected to any Outpower Hosting Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Outpower Hosting Services.
Outpower Hosting reserves the right at all times to disclose any information as Outpower Hosting deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Outpower Hosting's sole discretion.
Outpower Hosting is within the capacity to refuse service to unlawful parties. Outpower Hosting servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, Outpower Hosting expressly forbids any breach of National, State or Local regulation, including, but not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
Outpower Hosting management will thoroughly scrutinize any of the received orders and decide at their own discretion which of them does not comply with the officially stated requirements for use of the company's servers. Outpower Hosting servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, blasphemy, and any other materials of an adult nature.
11. THIRD PARTY
Any dealings with third parties (including advertisers) included within the Outpower Hosting Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Outpower Hosting shall not be responsible or liable for any part of any such dealings or promotions.
You agree that Outpower Hosting, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
13. SERVICE DENIAL
Outpower Hosting reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to Outpower Hosting and liable for reasonable interest and collection fees.
14. YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using the Outpower Hosting Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, you agree to:
The account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. Outpower Hosting reserves the right to block files or scripts that use CPU exceedingly and notify clients.
In rare cases where excessive resource consumption by an account which leads to any instability of the server the account is hosted on, Outpower Hosting reserves the right to immediately suspend the account without any prior notice. If the account in question is deemed to be causing permenant harm, the suspension of the account would be a direct Third suspension whereby the account will no longer be allowed to function on the server.
15. SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one year (365 days). After that period of time, the account will be automatically suspended until the Customer renews it by paying the anual subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account's data will be kept for 15 days, after that it will be permamently deleted.
The redemption period is a registry level period of up to 30 days that occurs when a domain name is deleted after it expires without being renewed. Instead of just being deleted and returned to the pool of domain names available for registration, the registry holds the name in a REDEMPTION PERIOD. During this 30-day period, the original domain registrant may retrieve the domain name from deletion for an additional fee.
This extra 30-day period extends the time available to renew expired domain names. However, all names that enter the redemption period are removed from the zone files (the list of domains currently in the global DNS); therefore, any web site or e-mail services associated with the domain name will stop working.
After the 30-day redemption period there is a 5-day pending delete phase. When a domain is in this phase no one can retrieve the domain and it cannot be registered. After the 5-day pending delete phase the registry will release the domain name back into the public pool of available domain names.
We strongly recommend that you renew your domain registration before the domain name is placed in redemption. If your domain name is placed into redemption, we cannot prevent the zone files being removed from the DNS and your web site and any associated services will cease to work.
We can assist in retrieveing your domain only if your domain was registered with us. If your domain was registered with another registrar, you must contact that registrar for information regarding retrieving your domain name. You will be charged with a REDEMPTION FEE of $99.00 USD for the domain registration renewal.
16. CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTEES
17. TORTUROUS CONDUCT
Any case of indecent treatment towards an Outpower Hosting employee will be considered inappropriate. Each Customer is anticipated to conduct a
professionally mannered communication with Outpower Hosting's employees regarding any requests for help through e-mail or by means of the Ticket Desk
Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining
behavior will be interpreted as a breach of this TOS.
Other acts of treatment towards Outpower Hosting employees that will be considered as unacceptable include any verbal, oral, written or second party threats addressing Outpower Hosting or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. Outpower Hosting keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
18. SPAMMING IS PROHIBITED
Outpower Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of Outpower Hosting may not use or permit others to use our network to transact in UCE. Clients of Outpower Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of Outpower Hosting's email policy will result in severe penalties. Upon notification of an alleged violation, Outpower Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Outpower Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation, Outpower Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Outpower Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Outpower Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of Rs.17,000/- and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of Rs.35,000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed Rs.12,250 per hour that Outpower Hosting personnel must spend to investigate the matter.
We will determine at our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
19. NEWS RELEASES
Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.
20. FORCE MAJEURE CIRCUMSTANCES
Outpower Hosting will be in a non-liability position with regard to the failure or delay in doing its professional duties as a consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor 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 provisioning of the Services.
Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability for the removal of any such material.
Any attempts to undermine, slander, libel, threaten, or cause harm to a Outpower Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Please report any violations of the Terms of Service and the Domain Name Dispute Resolution Policy (which too is an integral part of this document) to
The Customer shall not have the right to assign this Agreement without Outpower Hosting's written permission. This Agreement shall be in force and effect to the total benefit of the Customer and Outpower Hosting and their successors and permitted assigns.