Terms of Service

These Terms govern the purchase and use of HostingTom hosting, server, domain, software-license, encoding and related services.

1. Agreement and Scope

These Terms of Service (“Terms”) form a binding agreement between the customer (“Customer”, “you”) and Jeeban Services India Private Limited, operating the HostingTom brand (“HostingTom”, “we”, “us”). By ordering, accessing or using a Service, you agree to these Terms, the applicable Order Form, Acceptable Usage Policy, Privacy Policy, Refund & Cancellation Policy and any Service-specific schedule.

2. Services

Services may include shared web hosting, WordPress hosting, reseller hosting, offshore hosting, lifetime hosting, VPS, cloud or virtual servers, dedicated servers, domain-related services, SSL or add-ons, WHMCS or other third-party licenses, ionCube encoding services, migration, backup, managed support and related products. Features, locations, resource allocations, management level, operating systems and billing cycles are those shown on the applicable order page or Order Form.

3. Account Eligibility and Information

You must provide accurate, current and complete account, billing and verification information. You must keep your contact details current and protect account credentials. Where identity, address, business, payment or use-case verification is required by law, an upstream provider or our risk controls, you agree to provide reasonable documentation. We may decline, delay or suspend provisioning until required verification is completed.

4. Orders, Provisioning and Third-Party Dependencies

An order is not accepted merely because payment is submitted. Acceptance occurs when we confirm the order or provision the Service. Some Services depend on upstream datacenters, registrars, certificate authorities, software vendors, network carriers or licensing providers. Provisioning times shown on the website are estimates unless expressly guaranteed in writing.

5. Fees, Taxes, Renewal and Price Changes

Fees are payable in advance unless otherwise stated. Applicable taxes may be added. Recurring Services renew for the stated billing cycle until cancelled. Renewal pricing may differ from introductory or promotional pricing. We may change future renewal pricing by giving reasonable notice where practicable. Overdue Services may be suspended or terminated. Bank, gateway, chargeback, currency-conversion and similar external charges are the Customer’s responsibility unless prohibited by law.

6. Customer Responsibilities

You are responsible for all activity under your account, the legality of your content and software, securing applications and credentials, patching self-managed systems, maintaining independent backups, and ensuring your end users comply with our policies. Root or administrator access places additional security and configuration responsibility on you.

7. Acceptable Use and Abuse

You must comply with the Acceptable Usage Policy, Email & Anti-Spam Policy and applicable law. We may investigate complaints, request remediation, limit traffic, null-route IPs, suspend or terminate Services where reasonably necessary to protect users, infrastructure, third parties or legal compliance. Serious abuse may result in immediate action without prior notice.

8. Intellectual Property

You retain ownership of content you lawfully submit. You grant HostingTom a limited right to host, transmit, copy, back up and otherwise process such content only as necessary to provide the Services, comply with law and enforce these Terms. HostingTom names, logos, site content and service materials remain our or our licensors’ property.

9. Service Availability, Maintenance and Support

We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation except where a written SLA expressly applies. Planned maintenance, emergency maintenance, security work, upstream outages and circumstances outside reasonable control may affect availability. Support scope depends on whether the Service is managed or unmanaged.

10. Backups and Data Loss

Any backup feature is provided subject to the Backup & Data Retention Policy. Unless a paid backup product expressly states otherwise, backups are supplemental and are not a substitute for Customer-maintained independent backups. We do not guarantee that every file, database, configuration or restore point will be recoverable.

11. Suspension and Termination

We may suspend or terminate Services for non-payment, fraud risk, security threats, policy violations, legal requirements, abusive resource use, upstream-provider action or material breach. Where feasible and appropriate, we will provide notice and a reasonable opportunity to cure. Customers may cancel through the client area or another approved channel. Data may be deleted after termination subject to retention required by law or policy.

12. Refunds

Refund eligibility is governed by the Refund & Cancellation Policy and the specific product terms shown at purchase. Fees paid to third parties, domain registrations, issued certificates, software licenses, IP resources, custom work and already-provisioned infrastructure may be non-refundable.

13. Disclaimers

To the maximum extent permitted by law, Services are provided on an “as available” basis. We do not warrant that a Service will be suitable for every workload, immune from attacks, compatible with every application, or free from data loss. Security, DDoS protection and backups reduce risk but cannot eliminate it.

14. Limitation of Liability

To the maximum extent permitted by law, HostingTom will not be liable for indirect, incidental, special, punitive or consequential losses, including lost profits, revenue, goodwill or data. Our aggregate liability arising from a Service will not exceed the amount paid by the Customer for that affected Service during the three months preceding the event giving rise to the claim, except where a different limitation is required by law.

15. Indemnity

You agree to indemnify and hold HostingTom harmless from third-party claims, losses and reasonable costs arising from your unlawful content, misuse of Services, infringement of third-party rights, breach of these Terms or acts of your end users, except to the extent caused by HostingTom’s own unlawful conduct.

16. Governing Law and Disputes

These Terms are governed by the laws of India. Subject to mandatory consumer rights and any legally required dispute mechanism, courts having jurisdiction in Odisha, India shall have jurisdiction over disputes. The parties should first attempt good-faith resolution through our support and grievance process.

17. Changes

We may update these Terms to reflect changes in law, security requirements, infrastructure, upstream terms or business practices. Material changes will be posted on our website and, where appropriate, notified through the client area or email. Continued use after the effective date constitutes acceptance to the extent permitted by law.