Terms of Service

Terms of Service

Last Updated: January 1, 2025

Quick Reference

Key Policies

• Acceptable Use Policy: Section 4
• Payment Terms: Section 7
• Data Protection: Section 6
• Service Levels: Section 3

Important Rights

• Refund Policy: Section 8
• Termination: Section 10
• Liability Limits: Section 13
• Dispute Resolution: Section 17

1. Definitions

Services

Cloud infrastructure services including virtual private servers, dedicated servers, object storage, CDN, backup services, and related offerings provided by Webberstop.

Customer Account

Your account on our platform accessible at www.host4india.com, through which you manage and access Services.

Customer Data

All data, content, code, files, and information that you or your End Users store, process, or transmit using our Services. You retain all ownership rights to Customer Data.

End User

Any individual or entity that accesses or uses the Services through your Customer Account, including your employees, contractors, and customers.

Applicable Law

All Indian laws, regulations, and government directives applicable to the Services, including the Information Technology Act 2000, Digital Personal Data Protection Act 2023, and Consumer Protection Act 2019.

2. Account Registration and Access

2.1 Eligibility

To use our Services, you must:

• Be at least 18 years old
• Have legal authority to enter into binding contracts
• If registering on behalf of an organization, have authority to bind that organization to these Terms
• Provide accurate and complete registration information
• Comply with all Applicable Laws

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your Customer Account
• Implementing strong passwords and two-factor authentication when available
• Immediately notifying us of any unauthorized access or security breach
• Not sharing account credentials with unauthorized persons

2.3 Account Information

You must provide and maintain:

• Valid email address for all communications
• Accurate billing and contact information
• Valid GST number if registered under GST
• Updated technical contact details

You must update this information within 7 days of any changes. We are not responsible for failed communications due to outdated contact information.

2.4 Account Restrictions

Each Customer Account is for single entity use. You may not:

• Create multiple accounts to avoid payment obligations or evade suspensions
• Transfer or sell your account to another party without our written consent
• Use your account to provide services that compete directly with Webberstop

3. Services and Service Levels

3.1 Service Provision

We will provide the Services in accordance with:

• These Terms of Service
• Our Service Level Agreement (SLA) available at www.host4india.com
• Service specifications for the plan you have selected
• Applicable Laws and industry standards

3.2 Service Modifications

We may modify, update, or discontinue Services or features with 30 days notice. Notice will be provided via:

• Email to your registered email address
• Notice posted on our website
• In-dashboard notifications

For security patches or emergency fixes, we may implement changes without prior notice.

3.3 Uptime and Availability

We guarantee 99.9% uptime for our Services as detailed in our SLA. Service credits for SLA breaches are calculated as:

SLA Credit Schedule

• 99.0% to 99.9% uptime: 0% monthly fee credit
• 95.0% to 99.0% uptime: 5% monthly fee credit
• Below 95.0% uptime: 15% monthly fee credit

Credits apply only to affected services and exclude scheduled maintenance or downtime caused by factors outside our control.

3.4 Scheduled Maintenance

We will perform scheduled maintenance with:

• At least 48 hours advance notice via email
• Maintenance window details posted on status page
• Best efforts to minimize service disruption

Emergency maintenance may be performed without notice when necessary to protect service security or availability.

3.5 Beta and Preview Features

Features marked as "beta," "preview," "alpha," or "experimental" are provided as-is without SLA guarantees. We may modify or discontinue these features at any time without notice.

4. Acceptable Use

Important

Your use of our Services must comply with our Acceptable Use Policy (AUP), which is incorporated into these Terms by reference. The AUP is available at www.host4india.com/acceptable-use-policy

4.1 Prohibited Activities Summary

You may not use our Services for:

• Illegal activities or content that violates Indian law
• Sending spam or unsolicited bulk email
• Distributing malware or launching cyberattacks
• Infringing intellectual property rights
• Cryptocurrency mining on shared resources (dedicated servers require approval)
• Activities that consume excessive resources and degrade service for others

See our complete AUP for detailed prohibited activities and enforcement procedures.

4.2 Compliance with Laws

You must comply with all Applicable Laws, including:

• Information Technology Act 2000 and IT Rules 2021
• Digital Personal Data Protection Act 2023
• Copyright Act 1957
• Indian Penal Code provisions on cybercrimes
• CERT-IN directions and cybersecurity requirements

4.3 End User Responsibility

You are responsible for:

• All activities of your End Users
• Ensuring End Users comply with these Terms and the AUP
• Taking action against End Users who violate these Terms
• Responding to abuse complaints about your End Users

4.4 Resource Usage Limits

Fair usage limits apply to prevent service degradation:

CPU: Sustained usage above 80% for more than 12 hours may trigger review

Bandwidth: Excessive usage beyond plan limits may incur additional charges

Email: Sending limits apply per service tier (see AUP for details)

Storage: Must not exceed allocated disk space

Contact support to upgrade if you need higher limits.

5. Your Responsibilities

5.1 Data Backup

CRITICAL: You Are Responsible for Your Data

You must maintain your own backups of all Customer Data. While we may perform backups for disaster recovery, these are not guaranteed and may not include all your data. We are not responsible for data loss regardless of cause.

Even if you use our backup services:

• You must maintain independent backups
• You must test backup restoration regularly
• You are responsible for backup completeness and accuracy
• We provide backup services on best-effort basis only

5.2 Security Measures

You must:

• Keep all software updated with latest security patches
• Configure firewalls and access controls properly
• Use encryption for sensitive data
• Scan for malware and vulnerabilities regularly
• Follow security best practices for your applications
• Immediately report suspected security breaches to support@host4india.com

5.3 Software Licensing

You are responsible for:

• Obtaining proper licenses for all software you use
• Complying with End User License Agreements (EULAs)
• Not using pirated or unlicensed software
• Maintaining adequate licenses for your usage levels

Third-party software audits may be conducted. You must cooperate with such audits or we may terminate your Services.

5.4 Monitoring and Reporting

You must:

• Monitor your server resources and performance
• Report service issues or malfunctions promptly
• Respond to our notices regarding policy violations within 24 hours
• Cooperate with abuse investigations

5.5 CERT-IN Compliance

As per CERT-IN directions, you must:

• Enable and maintain logs for all ICT systems for 180 days minimum
• Store logs within Indian jurisdiction
• Maintain accurate records of End Users for 5 years, including names, IP addresses, registration details, and contact information
• Report cybersecurity incidents to CERT-IN as required
• Provide log data to us upon request for compliance purposes

6. Customer Data and Privacy

6.1 Ownership of Customer Data

You retain all ownership rights to Customer Data. We claim no ownership or intellectual property rights over your data.

6.2 Our Use of Customer Data

We access and use Customer Data only to:

• Provide and maintain the Services
• Prevent or address service or technical problems
• Comply with legal obligations or valid legal requests
• Enforce these Terms

We do not monitor, access, or use Customer Data for any other purpose without your consent.

6.3 Data Protection Compliance

We process personal data in accordance with:

• Our Privacy Policy (www.host4india.com/privacy-policy)
• Digital Personal Data Protection Act 2023
• Information Technology Act 2000 and IT Rules

If you process personal data using our Services, you are the Data Fiduciary under DPDPA 2023 and must comply with all applicable data protection laws.

6.4 Data Location

Customer Data is stored in data centers located in India unless you explicitly select a different region. We do not transfer data outside India without appropriate safeguards as required by DPDPA 2023.

6.5 Government Requests and Legal Process

We may disclose Customer Data when:

• Required by valid court order, warrant, or subpoena
• Requested by law enforcement under Applicable Law
• Necessary to prevent physical harm or financial loss
• Required to protect our rights or property

We will notify you of such requests when legally permitted, but are not required to provide advance notice or proof of legal demand.

6.6 Data Security

We implement reasonable security measures including:

• Encryption for data transmission (SSL/TLS)
• Firewall protection and intrusion detection
• Access controls and authentication systems
• Regular security audits and updates
• Employee training on data protection

However, you are responsible for configuring security settings, implementing application-level security, and protecting your access credentials.

6.7 Data Breach Notification

If we discover a data breach affecting Customer Data, we will notify you within 72 hours via email. The notification will include the nature of the breach, affected data, and remedial actions taken.

7. Payment Terms

7.1 Fees and Charges

You agree to pay all fees for Services you use, including:

• Subscription fees based on your selected plan
• Usage-based charges (bandwidth, storage, etc.)
• One-time setup or migration fees (if applicable)
• Overage charges for exceeding plan limits

Current pricing is available at www.host4india.com/pricing

7.2 Billing and Payment

Payment Options

• Credit/Debit Card (via payment gateway)
• Net Banking
• UPI
• Bank Transfer (NEFT/RTGS)
• Cheque or Demand Draft payable to "Webberstop India Private Limited"

Payment is due on the date specified in the invoice. Prepaid customers must maintain sufficient credits in their account.

7.3 Invoicing

We will send invoices via email to your registered email address. Invoices include:

• Service charges for the billing period
• Usage-based charges (if applicable)
• Applicable taxes (GST, etc.)
• Due date for payment

7.4 Late Payments

If payment is not received by the due date:

• We will send a payment reminder via email
• Interest of 1.5% per month (18% annually) accrues on overdue amounts
• Services may be suspended after 7 days past due
• Services may be terminated after 30 days past due

You remain responsible for all fees incurred until termination, plus collection costs including legal fees.

7.5 Taxes

All fees are exclusive of taxes. You are responsible for:

• Goods and Services Tax (GST) as applicable
• Tax Deducted at Source (TDS) if required by law
• Any other taxes imposed by government authorities

GST Compliance

You must provide a valid GSTIN in your Customer Account if registered under GST. If your GSTIN is invalid or cancelled, we will treat you as an unregistered recipient.

We are not liable for loss of input tax credit if you fail to provide valid GSTIN before invoice generation.

7.6 TDS Certificates

If you deduct TDS from payments:

• Remit TDS to appropriate authorities within statutory timelines
• Provide signed TDS certificates quarterly via billing@host4india.com
• Submit certificates by: 20th August (Q1), 20th November (Q2), 20th February (Q3), 20th June (Q4)
• Certificates for previous financial year must be submitted by 30th June

Failure to provide certificates within deadlines will be treated as short payment. We may suspend Services until full payment is received or valid certificates are provided.

7.7 Price Changes

We may change prices for Services with 30 days notice. Notice will be provided via:

• Email to your registered email address
• Announcement on our website

Price changes apply to renewals after the notice period. Existing prepaid commitments honor original pricing.

7.8 Disputed Charges

If you dispute charges on an invoice, you must notify us in writing within 15 days of invoice date. Undisputed portions must still be paid by the due date. We will investigate and respond within 30 days.

8. Refunds

Refund Policy

Our refund policy is detailed at www.host4india.com/refund-policy and is incorporated into these Terms by reference. Key points:

• 7-day money-back guarantee for standard services
• 14-day guarantee for managed services
• No refunds for dedicated servers, domains, or setup fees
• Prorated refunds available for annual prepayments
• First-time customers only (no refunds for second accounts)

Violations of these Terms void all refund eligibility. Refunds for valid terminations are processed within 5-14 business days depending on payment method.

9. Suspension of Services

9.1 Grounds for Suspension

We may suspend your Services immediately if:

• Payment is not received by the due date
• You violate these Terms or our Acceptable Use Policy
• Your account poses security risk to us or other customers
• We receive valid legal order requiring suspension
• You fail to cooperate with abuse investigations
• Your account is used for fraudulent activities
• Prepaid account credits are exhausted

9.2 Suspension Process

For non-emergency suspensions:

• We will attempt to notify you via email before suspension
• You will have 24-48 hours to resolve the issue
• If unresolved, Services will be suspended

For security threats, illegal activity, or legal orders, we may suspend immediately without notice.

9.3 During Suspension

While Services are suspended:

• You cannot access servers or Customer Data
• Services remain unavailable to your End Users
• You continue to incur charges for resources allocated
• We are not liable for any damages resulting from suspension

9.4 Reactivation

To reactivate suspended Services, you must:

• Pay all outstanding invoices including overdue amounts
• Pay accrued interest on late payments
• Pay reactivation fee (as determined by us)
• Resolve the issue that caused suspension
• Provide any required documentation (TDS certificates, etc.)

Reactivation may take up to 48 hours after payment is received and confirmed.

9.5 Data Availability During Suspension

Important

We do not guarantee data availability during suspension. Suspended services may experience data loss. You are responsible for maintaining independent backups.

10. Termination

10.1 Termination by You

You may terminate Services at any time by:

• Cancelling via your Customer Account at www.host4india.com (for self-service plans)
• Emailing support@host4india.com (for manually provisioned services)
• Providing 30 days written notice for annual contracts

You remain responsible for all charges through the end of your billing period.

10.2 Termination by Us

We may terminate your Services immediately without notice if:

• You materially breach these Terms
• You engage in illegal activities
• Your account poses security or legal risk
• You fail to pay after 30 days past due
• You become subject to insolvency proceedings
• You repeatedly violate our policies after warnings

10.3 Effect of Termination

Upon termination:

• Your access to Services and Customer Account is immediately disabled
• All servers and resources are deallocated
• Customer Data is deleted according to the retention schedule below
• You remain liable for all charges incurred through termination date
• Outstanding payments become immediately due
• No refunds are provided for voluntary terminations or terminations for cause

10.4 Data Retention After Termination

Data Deletion Schedule

Voluntary Cancellation: Data retained for 30 days, then permanently deleted

Termination for Violation: Data retained for 7 days, then permanently deleted

Termination for Illegal Content: Data preserved for law enforcement, then deleted after investigation

You are responsible for downloading your data before termination. We are not obligated to provide data access after retention periods expire.

10.5 Data Export Assistance

We may assist with data migration to another provider at our discretion, subject to separate fees and terms. Request data export assistance before initiating termination.

10.6 Survival

The following provisions survive termination:

• Payment obligations for Services used
• Indemnification obligations
• Limitation of liability
• Intellectual property provisions
• Confidentiality obligations
• Dispute resolution procedures

11. Intellectual Property

11.1 Our Intellectual Property

We own all rights to:

• The Services and underlying software
• Webberstop trademarks, logos, and branding
• Documentation and technical materials
• Website content and design
• APIs and interfaces

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your business purposes only.

11.2 Your Intellectual Property

You retain all rights to Customer Data and your intellectual property. We claim no ownership over your content, applications, or data.

11.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Services, we may use them to improve our offerings without compensation or attribution to you.

11.4 Use of Your Name and Logo

We may list you as a customer and use your company name and logo in our marketing materials, website, and client lists unless you opt out by contacting support@host4india.com.

11.5 Third-Party Software

Some Services include third-party software licensed under separate terms. You must comply with all applicable licenses. We are not responsible for third-party software or license violations.

12. Warranties and Disclaimers

12.1 Our Warranties

We warrant that:

• We will provide Services substantially as described in our SLA
• We have authority to provide the Services
• We will use reasonable security measures to protect the Services

12.2 Your Warranties

You warrant that:

• You have authority to enter into these Terms
• Your use of Services complies with all Applicable Laws
• Customer Data does not infringe third-party rights
• Information you provide is accurate and complete
• You are not subject to insolvency proceedings

12.3 Disclaimer of Warranties

Except for warranties expressly stated in Section 12.1:

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• Services will be uninterrupted or error-free
• Services will meet your specific requirements
• All errors or defects will be corrected
• Data transmission over the internet is secure
• Services are free from viruses or harmful components

12.4 Third-Party Services

We provide no warranties for third-party software, services, or content. Third-party providers are solely responsible for their products.

13. Limitation of Liability

13.1 Liability Cap

Our total liability for all claims arising from or related to these Terms or the Services will not exceed the fees you paid us in the 12 months before the event giving rise to the claim.

For Services used for less than 12 months, liability is limited to fees paid in the months of actual usage.

13.2 Exclusion of Consequential Damages

WE ARE NOT LIABLE FOR:

• Loss of profits, revenue, or business opportunities
• Loss of data or corruption of data
• Business interruption or downtime costs
• Loss of goodwill or reputation
• Indirect, incidental, special, or consequential damages
• Punitive or exemplary damages

This applies even if we were advised of the possibility of such damages.

13.3 Exceptions to Limitations

These limitations do not apply to:

• Your payment obligations
• Your indemnification obligations
• Your violations of our intellectual property rights
• Gross negligence or willful misconduct by either party
• Liabilities that cannot be limited under Applicable Law

13.4 Basis of the Bargain

These limitations reflect the allocation of risk between us and are a fundamental part of the basis of our bargain. The Services would not be provided without these limitations.

14. Indemnification

14.1 Your Indemnification of Us

You will defend, indemnify, and hold us harmless from all claims, damages, losses, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of Applicable Laws
• Customer Data or your use of Services
• Your infringement of third-party intellectual property rights
• Activities of your End Users
• Your failure to pay applicable taxes
• Security breaches caused by your negligence

14.2 Indemnification Process

For claims subject to indemnification:

• We will notify you promptly of the claim
• You will have sole control of the defense and settlement
• We may participate in defense at our own expense
• You will not settle any claim without our written consent if it affects our rights or requires us to admit fault
• We will reasonably cooperate in the defense at your expense

14.3 Our Indemnification of You

We will defend you against claims that our Services infringe a third party's intellectual property rights, and pay resulting damages, provided you:

• Notify us promptly of the claim
• Give us sole control of defense and settlement
• Reasonably cooperate in the defense

This does not apply to infringement caused by your modifications, use contrary to our instructions, or combination with third-party products.

15. Confidentiality

15.1 Confidential Information

Confidential Information includes:

• Non-public business, technical, and financial information
• Customer Data (your confidential information)
• Service architecture and security measures (our confidential information)
• Pricing and contract terms
• Information marked as confidential

15.2 Obligations

Each party will:

• Protect confidential information with reasonable care
• Not disclose it to third parties without consent
• Use it only for purposes of these Terms
• Limit access to employees who need to know

15.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of recipient
• Was rightfully known before disclosure
• Is independently developed without using confidential information
• Must be disclosed by law (with notice to disclosing party if permitted)

16. Force Majeure

Neither party is liable for failure to perform obligations due to events beyond reasonable control, including:

• Natural disasters (earthquakes, floods, fires)
• War, terrorism, or civil unrest
• Government actions or legal restrictions
• Pandemics or epidemics
• Major power grid or internet failures
• Strikes or labor disputes (not involving our employees)

The affected party will notify the other promptly and use reasonable efforts to resume performance. If force majeure continues for more than 30 days, either party may terminate affected Services.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, the parties will attempt to resolve disputes through good faith negotiation for 30 days.

17.2 Arbitration

If informal resolution fails, disputes will be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996:

• Single arbitrator mutually appointed by the parties
• Seat of arbitration: New Delhi, India
• Language: English
• Award is final and binding
• Each party bears its own costs unless arbitrator decides otherwise

17.3 Exceptions to Arbitration

Either party may seek court relief for:

• Intellectual property infringement
• Urgent injunctive relief
• Collection of unpaid fees

17.4 Governing Law

These Terms are governed by the laws of India. Courts in New Delhi have exclusive jurisdiction for matters not subject to arbitration.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, Refund Policy, and SLA constitute the entire agreement and supersede all prior agreements.

18.2 Amendments

We may update these Terms by:

• Posting updated version at www.host4india.com
• Notifying you via email
• Updated Terms effective 30 days after notice

Continued use after effective date constitutes acceptance. If you disagree, stop using Services and terminate your account.

18.3 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to affiliates or in connection with merger, acquisition, or sale of assets.

18.4 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect. Invalid provisions will be modified to reflect the parties’ intent.

18.5 Waiver

Failure to enforce any provision does not waive our right to enforce it later. Waivers must be in writing to be effective.

18.6 Independent Contractors

The parties are independent contractors. These Terms do not create partnership, joint venture, agency, or employment relationship.

18.7 Notices

All notices must be in writing and sent to:

To You: Email to your registered email address

To Us: legal@host4india.com or registered office address

Notices via email are effective when sent if sent during business hours, or next business day if sent after hours.

18.8 Export Compliance

You will comply with all export and import laws. You will not use Services in embargoed countries or provide access to prohibited persons.

18.9 Government Users

If you are a government entity, Services are “commercial computer software” and “commercial computer software documentation” with restricted rights as defined in applicable procurement regulations.

Contact Information

Company: Webberstop India Private Limited

Corporate Office: G - 01, C-27, Trapezoid IT Park, C-block, Sector - 62, Noida, Uttar Pradesh - 201307, India

Support: support@host4india.com

Billing: billing@host4india.com

Legal: legal@host4india.com

Abuse: abuse@host4india.com