Terms of Service
Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between GoolHost and you. If you have any questions about what you see on this page, please feel free to contact us at admin@GoolHost.com.
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term "GoolHost" or "us" or "we" refers to GOOLHOST IT SOLUTIONS PVT LTD.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
When the Services will be Available
we will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Free Technical Support
GoolHost's Free Technical Support is limited to issues that are directly related to your Web Hosting Account. GoolHost does not provide website maintenance services in respect of any Hosted Website. Without limiting this exclusion, you also agree that GoolHost accepts no responsibility for any deficiency or inaccuracy in any of your Hosted Website that is attributable to defects in your website and/or database caused due to errors or mistakes in development/coding/programming.
You further acknowledge that GoolHost's Technical Support does not include the maintenance of other direct or indirect issues/problems such as HTML coding, Website Programming, Content/Data Migration, Uploading or Downloading of files for you, troubleshooting your website and/or database, adding new files to your website and configuring scripts in any way whatsoever. For this there will be an additional cost which is not covered within your web hosting plan/package.
During National Holidays and during some occasional Sundays Our Technical Support will be limited. During this time, we will be still able to provide you with Basic Non-Technical Support via Phone and Live Chat. There will be lesser staffs attending to your issues so we hope you would excuse the possible delay on our support only during that day. For Urgent Queries or Technical Support you can continue to submit tickets via our GoolHost Support System.
Goolhost shall maintain control and ownership of the IP address that is assigned to the client as part of the services and reserves the right in its sole discretion to change or remove any IP addresses where necessary.
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase GoolHost), and will take reasonable steps to keep it from being disclosed to any third party.
Cancellation and Refund Policy
As we explain in this paragraph, we offer you a money-back guarantee on all shared hosting plans if you cancel with us during the first 15 days after signup. For all reseller hosting plans we offer you a money-back guarantee within the first 10 days after signup. The only way to cancel your account is by submitting a ticket at GoolHost.com with a valid detailed reason as to why you are cancelling your service. We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. Please Note that you cannot request and/or receive a refund in case if you have misunderstood a feature that is displayed on our website. It is your sole responsibility to clarify and confirm with us before you make a purchase. All Refunds are subject to verification process by our billing department and will take up to 30 days for return of payment.
THERE IS NO MONEY BACK GUARANTEE IF ANYONE VIOLATES OUR "ACCEPTABLE USE POLICY". ALSO PLEASE NOTE THERE IS NO MONEY BACK GUARANTEE FOR: Any Setup Fees, Any Bank Transfer Charges, Domain Name Renewal/Registration/Transfer, Shared Hosting Renewals, Reseller Hosting Renewals, and Upgrades to Hosting Service, SSL Certificates, Email Newsletter Marketing Plans, Dedicated Servers and VPS plans.
If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 15 days, then we will deduct the cost of the domain name from the money we refund you. The charge for domain name renewal/registration/transfer is non-refundable as you own the domain name for the paid term. Please understand that this is not simply because we refuse to issue a refund. Domain name renewal/registration/transfer is irreversible, making any money paid for the domain name non-refundable.
If you cancel your account after the money-back period, or after your account is renewed then unfortunately we will not be able to issue any refunds. GoolHost also reserves the right to cancel your account any time with no-money-back, should an event occur in which proper evidence exists that a customer was exceptionally arrogant, rude or vulgar in communications with our staff.
when you sign up, your GoolHost account will be enabled with auto renewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 10 days prior to your renewal date. If you fail to cancel 10 days prior to renewal, your account will be renewed for a new term, so please be sure to inform us at support@GoolHost.com if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged.
If more than 10 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data and website will not be available. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, GoolHost shall have the right to delete all data you have uploaded to the servers.You hereby acknowledge that this is GoolHost's policy when it comes to data retention, and waive all rights in and to your data in these situations.
Acceptable Use Policy
By submitting an online order, signing up by mail, phone or by using GoolHost and/or its Divisions and/or its affiliate's service(s), all Customers hereby agree to the following Acceptable Use Policy (AUP). The Acceptable Use Policy is available in order to provide a clear understanding of the rules, regulations and restrictions regarding the use of GoolHost's services. PLEASE ABIDE BY IT STRICTLY. By using our hosting services, you agree to abide by the Acceptable Use Policy.
We will not provide services for any unacceptable or inappropriate material as determined by GoolHost in its sole discretion, including Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including sites listed at aa419.org & escrow-fraud.com), Mailer Pro Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
We will not provide services for hosting of files or other data that infringes on another's copyright or other intellectual property rights.
We will not provide services for spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
We will not provide services for uploading or linking to any content that violates another's right of publicity or privacy.
We will not provide services for distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
We will not provide services for hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
We will not provide services for hosting large amounts of data not specifically tied ("linked") to your hosting account. GoolHost encourages users looking for file storage/backup solutions to seek other services that specialize in this.
We will not provide services for hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.
We will not provide services to execute long-running, stand-alone, unattended server-side processes, bots or daemons
We will not provide services to run any type of web spiders or indexers
We will not provide services to run any software that interfaces with an IRC (Internet Relay Chat) network
We will not provide services to run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent
We will not provide services to participate in any P2P or file-sharing networks
We will not provide services to run any gaming servers
We will not provide services to run cron entries with intervals of less than 30 minutes
We will not provide services to use the server as a Backup/Storage device
We will not provide services to use the server for File/Data Archival Purposes
We will not provide services to constantly create and delete large numbers of files on a regular basis, or cause file system damage
We will not provide services to use our system resources over 8%, including memory, cpu, disk, network, and bandwidth capacity, for longer than 180 seconds in any consecutive 6 hour period.
We will not provide services to run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
We will not provide services to use excessive resources which in the GoolHost's sole discretion result in damage or degradation to the performance, usage, or experience of Servers, other users, other orders, and any of GoolHost's services
We will not provide services to store a large number of media files (audio, video, etc.), wherein the limit is at GoolHost's sole discretion
Mail Usage Resource Limits
You agree not exceed the following mail usage limits for shared and reseller accounts:
Per Hour Maximum: 10-20 email messages
Per Day Maximum: 100-200 email messages
Any mail usage exceeding the above limits or approaching limits are subject to policy enforcement by our Abuse Department. Mailing lists, email newsletters, single emails, and other types of messages are all counted in the global quota. These scripts MUST be setup to throttle amount of emails sent in a defined period, and MUST be significantly below the above limits. The nature of emails sent must also comply with all guidelines and requirements outlined on our policies. Your account may be suspended, or terminated, at our discretion without prior notice if any of these policies are violated. These limits are in place to allow for fair usage for all our customers on our shared servers, therefore it is in your best interests as a customer to rigourously adhere to these policies. If you require higher email usage we strongly recommend looking into one of our VPS or dedicated server plans, or using a third-party mailing list/newsletter service to dispatch larger amounts of emails. Contact our sales department for more information regarding options
This policy is subject to change without notice and may be adjusted at any time or under any circumstances at our discretion, to ensure continued reliability and performance of all our services.
TERM “UNLIMITED HOSTING”
Unlimited hosting will provide you an option to host your website with unlimited shared resources. That means there will not be any limit set for the resources, so your website never shut down for the disk space exceeding or bandwidth limit exceeding problems. However please note that there must be some restrictions on what the space can be used on a single account, its depends on maximum disk space available on a server. You can expect up to 20 GB usable space in Unlimited Plan on shared system, but the max. Available space depends on total disk space available on the server. Also you CAN smoothly host your personal, blogging, news, business, and online e-commerce websites with the unlimited plan. But you CAN NOT host websites for File Sharing, File Upload, File Archive, Backup, Site Mirroring, Social Networking, Media Sharing, Video Hosting, Video Streaming, Audio Hosting, Audio Streaming, Email Marketing, Newsletter Management, Bulk Mailing & SPAM mailing etc. All the domain names hosted must be of the same client and the unlimited space account is not for reselling or not for hosting your customers multiple websites. If we found any of the websites overusing the available resources on server, such users will get a friendly notification about over usage and our experts can help you to upgrade to a VPS or DEDICATED hosting without any service interruption.
GoolHost may monitor User's use of bandwidth, disk usage and other resources. GoolHost, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in GoolHost's sole and absolute discretion. We may also remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. GoolHost may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of your account or other services WITHOUT ANY PRIOR NOTICE.
GoolHost.com strictly recommends all their clients to take backup of your data to their local systems in order to overcome any extreme natural/technical damages to servers or DC.
GoolHost requests that anyone with information about a violation of this Acceptable Use Policy, or of GoolHost's Terms of Service, report it by sending an email to admin@GoolHost.com
Disproportionate loads placed on the server.
While our shared services are suitable for personal or small business customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 8% of the resources of the server's CPU for longer than 180 seconds. This means that if your website is found to be utilizing more than 8% of the CPU and/or memory of our server, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or move your hosting package to vps hosting plan. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Abuse Desk with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Abuse Desk can be reached By email at abuse@GoolHost.com
If GoolHost is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if GoolHost is found liable or pays to settle the dispute. In legal terms, this is called "indemnification" Not only do you agree to reimburse GoolHost for what it pays to satisfy a judgment or settle a case, you also agree to pay GoolHost's reasonable attorney's fees and all other costs GoolHost incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. GoolHost 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. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GoolHost MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. GoolHost DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, GoolHost cannot be held liable for it. IN NO EVENT SHALL GoolHost BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR DAMAGES RELATED TO DATABASE CORRUPTION OR DELETION OF WEBSITE CONTENTS OR OTHERWISE, EVEN IF GoolHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of GoolHost due to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of India will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the court located in Kasaragod, Kerala , INDIA . When These Terms Take Effect.
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (shared, reseller, vps, dedicated, etc.) or open an affiliate account. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using GoolHost.com you agree to the above Terms of Service.
GOOLHOST IT SOLUTIONS PVT LTD
PGP 8/261 Perla Road Seethangoli,
PO. Ednad, Kumbla
Kerala, India - 671321