HostJinni.com - Terms of Services (TOS)

ACCEPTANCE OF TERMS
HostJinni.Com provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

By accessing and using the HostJinni.Com services, you accept and agree to be bound by the terms and provisions of these terms of service, which may be updated by us from time to time without notice to you.

Content:
All services provided by HostJinni.Com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian Law, States Law, or City Law is prohibited. 

This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. 

The subscriber agrees to indemnify and hold harmless HostJinni.Com from any claims resulting from the use of the service which damages the subscriber or any other party directly or indirectly.

Pornography and sex-related merchandising is prohibited on all HostJinni.Com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. HostJinni.Com will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity, indulge in offering services like online lottery, or present content that may be damaging to HostJinni.Com servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software, Hacker programs or archives, Warez sites, Any Site running background processes for fetching the data from internet websites, Any Site that consumes more than 10% of system resources, IRC Bots, imaging and file dump, mirror, Proxy Scripts, top sites (Warez), High-Yield Interest Programs (HYIP) or related sites, Escrow, Investment sites (egold exchange, FOREX), sale of any controlled substance without prior proof of appropriate permit(s), Bank Debentures, AutoSurf sites, Bank Debenture Trading Programs, Prime Banks Programs, muds (multi-player computer game and chat rooms) / rpg's (Role-playing game), Brute Force Programs, hate sites, sites promoting illegal activities, IP Scanners, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. You can not use your space for backup/storage device with the exception of your own web site.

Following are a list of sites that will often require more than 10% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files. We are not saying that your web site cannot contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.

HostJinni.Com will be the sole arbiter as to what constitutes a violation of this provision, and will have the right to terminate your hosting account without any prior notice without any refunds. We take this very seriously, and will not make any exceptions to this clause

User May not do:

Use 2% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes
Use daily average system resources (CPU, RAM, MySQL) more than 1% (Except Diamond and Platinum plan and Cloud hosting) If any site do not follow above resource usage policies, HOSTJINNI will have right to suspend the service.
Use daily average system resources (CPU, RAM, MySQL) more than 0.5% in linux MINI plans.
Use daily average system resources (CPU, RAM, MySQL) more than 1% in cloud hosting plans.

Traffic Usage:

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill INR 250.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same.

All our clients agree that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer.

HostJinni.Com will monitor subscribers’ bandwidth and disk usage. HostJinni.Com shall have the right to take corrective actions if subscribers’ bandwidth or disk usage exceeds the Agreed Usage. 

Such corrective actions may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement at any time as deemed necessary, which actions that may be taken in the sole and absolute discretion of the HostJinni.Com.

If HostJinni.Com takes any corrective action under this section, a client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action.

In case of a site residing on a Linux server, an automated notification is sent when the disk/bandwidth usage reaches up to 80% of the agreed limit. 

The client is thus notified to keep the usage within the allocated limit. However, if the bandwidth and/or disk usage exceeds the allocated limit the domain will be automatically suspended immediately without any further notification to this regard and HostJinni.Com will not be responsible for any damage/loss arising out of it.

In case of a site residing on a Windows server, we shall notify our clients when their disk/bandwidth usage reaches up to 100% of the agreed limit and request them to either restrict it or to go for extra space / bandwidth. If he fails to do so then the concerned account will be suspended and HostJinni.Com will not be responsible for any damage/loss arising out of it.

Domain Name Registration/Renewal/Restore:

HostJinni.Com assists its clients to have a domain name registered with ICANN approved registrars just for the sake of assistance only. Under no circumstances HostJinni.Com will own or otherwise control any domain name/s registered on behalf of its clients.  All the subscriber/clients of HostJinni.Com have waived any and all claims which they may have, or which may later arise against HostJinni.Com for any and all damages, losses, claims or expenses arising or related to the acquisition, registration, ownership or any other related issues of the Domain Name. In case of any domain registration failed, renewal failed due to any technical reason, not limited to whmcs failure, or registrar request failure, server response issue, hostjinni.com will maximum bear the liability for the amount which is paid against the registration or renewal. In case of any restore needed, client will have to bear the full cost and hostjinni.com takes no responsibility of the same. Any cost incurred by HostJinni.Com – except for the Domains Name Registrations offered with some business promotion schemes – to obtain and / or maintain the Domain Name on behalf of its clients shall be charged to them by HostJinni.Com.

Copyright Infringement:

HostJinni.Com supports the protection of intellectual properties and copyrighted materials hence we have provided following guidelines to take care of copyright infringements complaints.

Notice for Making Claim for Copyright Infringement:

The notification of Claimed Infringement must include certain information. Therefore, all the claims pertaining to infringement of copyright materials must be submitted to support@HostJinni.Com along with the following necessary information for further course of actions:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work that claimed to have been infringed;

3. The URL and other information reasonably sufficient to permit us to locate the copyrighted material;

4. Your name, address, phone number and email address;

5. A statement that you have a good faith, belief that the use of the materials in the manner complained of, is not authorized by the copyright owner, its agent or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we have all required information as prescribed above, we shall take necessary steps to remove or disable the access to the materials in question, regardless of whether the materials or activities is determined to be infringing, if selection action is not possible HostJinni.Com will terminate the infringer’s account with us.

HostJinni.Com will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the Digital Millennium Copyright Act).

Notice of Counter Notification:

On receipt of the notification of infringement of some copyrighted materials and the subsequent actions taken by HostJinni.Com the client may provide a counter notification along with following mandatory information as stated below:

1. It must be sent to support@HostJinni.Com within 10 days from the receipt of the said copyright infringement notification;

2. A physical or electronic signature of the subscriber;

3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

4. A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

5. Your name, address, phone number and email address;

6. A statement that the subscriber consents to the jurisdiction of law district Court for the judicial district in which the subscriber’s address is located, or if the address is outside of the India, for any judicial in which the service provider may be found, and the subscriber will accept service of process from the person who provided notification or an agent of such person.

On receipt of counter notification from the subscriber HostJinni.Com will provide the complaining party a copy of the Counter Notification and inform the complaining party that it will replace the removed materials or cease disabling access to it within 10 business days from the receipt of the Counter Notification. 

HostJinni.Com will then cease the disabling access to the removed material or replace it in not less than 10 days nor more than 14 business days following the receipt of the counter notification, provided HostJinni.Com has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activities relating to the materials on HostJinni.Com network or system.

CAUTION:

1. All notifications of claimed copyright infringement on the HostJinni.Com system/s should be sent ONLY to our support@HostJinni.Com.

We caution you that under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorney’s fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.

2. Any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

IP Address Ownership:
If HostJinni.Com assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to HostJinni.Com and the subscriber shall have no right to use that IP address except as permitted by the HostJinni.Com. We shall maintain and control the ownership of all IP numbers and addresses that may be assigned to subscribers by us. 

The HostJinni.Com reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.

Commercial Advertising / Unsolicited Bulk e-Emails (SPAM): 
Spamming, or sending of unsolicited emails from an HostJinni.Com server or using an email address or domain that is maintained on an HostJinni.Com machine as reference is STRICTLY prohibited. This means that clients of HostJinni.Com will not use or permit others to use our network to transact in UCE (Unsolicited Commercial Emails). Violation of HostJinni.Com's SPAM policy or anyone causing any of our IP space to be listed in any of the various Spam Databases will result in severe penalties.

Apart from it we also hereby prohibit:

1. Any kind of News Bombing activities through emails that obstructs another people's use of e-mail services or news;

2. Any activity that is involved in forging any message header, in part or whole of any electronic transmission origination or passing through the HostJinni.Com service;

3. The use of the HostJinni.Com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HostJinni.Com's or another entity's computer software or hardware, electronic communication system, or telecommunication system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited offending.

Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. 

Any mailing lists you maintain must be true confirmed opt-in in nature. (Information regarding confirmed opt-in lists and responsible e-mail marketing can be found here and here) This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy.

In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail will automatically and immediately unsubscribe users from lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy.

Upon notification of an alleged violation of our SPAM and other email policies listed as above, HostJinni.Com will initiate an immediate investigation (within 48 hours of notification). During the investigation, HostJinni.Com may restrict customer access to the network to prevent further violations.

If a customer is found to be in violation of our SPAM policy, HostJinni.Com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, HostJinni.Com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

HostJinni.Com 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 INR 10000 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of INR 20000 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 INR 9000 per hour that HostJinni.Com personnel must spend to investigate the matter. HostJinni.Com will be the sole arbiter as to what constitutes a violation of this provision.

Though we do not allow any form of SPAMMING from our servers and make sure that no such activities are done from our server, we DO NOT support email forwarding facility through AOL, comcast.net, att.net, sbcglobal.net, msn.com, hotmail.com, live.com, msn.net because it has been our experience that instead of tracing the origination of the SPAMING they blacklist and block the immediate source of email thus jeopardizing the entire email activities en-routed through them.

Space Allocation Limit for Email Accounts with Windows Hosting Plans:
Each domain will have 1 GB of email space by default allocation and it can be further increased up to 5 GB per domain maximum. In case someone requires additional space he will have to raise a separate request at support@HostJinni.Com.

CAUTION: The email sending limit has been set to 20 emails/hr per domain for the users of Windows Hosting Plans whereas this limit for Linux users has been set to 20 emails/hr per domain. Exceeding this limit may result into interruption of email services. It may further be noted that maximum attachment limit is set to 15 MB.

Catch All Accounts - Email:

In order to avoid any possible negative impact on the performance of our mail server we strongly discourage all our clients to have “catch all” email accounts for their domains. It is observed that majority of the performance issues of a mail server are attributed to “catch all” mail accounts which are often being targeted by the spammers.

It is also observed that the domains having “catch all” mail accounts are targeted by spammers by making a dictionary spam attack on it. It is a spamming technique in which a spammer sends out million of emails with mail addresses generated randomly using combination of letters added to a known domain name in the hope of reaching a percentage of actual email addresses. 

When this happens a mail servers has to accept a massive flood of spam messages and eventually it has to waste its valuable resource and processing time to deal with it. Sometime this makes the mail server completely unresponsive. In some cases it becomes next to impossible to get rid of the problem even after removing the “catch all” email account, because by the time we remove it, the spammer may have successfully delivered thousands of unique accounts and they now continue to send emails on daily basis.

Considering above facts and also to avoid any possible inconvenience to any of our clients we strongly recommend you to use email forwarder instead of “catch all” email accounts.We have disabled the catch all facility in our Windows Mail Servers however the same is made available for our Linux Mail Servers.

CAUTION: If we find any account/s which is causing problems to the normal function of our email server in whatever form, we shall immediately suspend all such domain/s without any prior notification. Though currently we do not curb any restrictions on any of our clients with regard to “catch all” email account/s, we reserve our rights to review, modify or change this policy appropriately as per the need at any time without any further or prior notification to this regard.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

We currently do not allow IRC or IRC bots to be operated on our servers.

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

CAUTION: HostJinni will allow the Cron jobs or schedulers to run for maximum thrice a day to avoid undue load on the server. If in case, there is some special requirement to run the Cron jobs/schedulers more than three times a day then we should be contacted at support@HostJinni.Com with justifiable reasons.

Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of HostJinni.Com is strictly prohibited.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of HostJinni.Com must adhere to the terms and conditions. We respect our clients and business but use of the web server under any hosting plan for data storage is probihited and these accounts would be terminated on the immediate effect with in 24 hour prior information without waiting for revert after words. Clients using web hosting plans for data storage or storing heavy files, downloading and uploading purpose, using for backup purpose, data transfer, too many zip files and not limited to ofering free downloads and uploads, would be terminated without information. Any domain not pointing to our server / resolving to other host / parked to store data, would be removed on weekly under automated process without any information.

Date Backup / Removal Policy :

HostJinni.com reserve rights to remove unwanted data or unnecessary zip files available in the server time to time in order to keep the server performance well. If you have generated your cPanel or website or any other backup either via system or manually where size is equal or more than 2GB, you must download the same with in 7 days of generation otherwise this may be removed under scheduled removal and Hostjinni.com will not be responsible for any data lose. Clients must ensure to use the space only what is necessary to use other than too many old or new zip files, repeat zip and heavy files, large size error logs, audio/video file. Upon reviewing any account such usage would be removed and no recovery would be handeled by us. Clients using total web space for 5GB or higher, will not be provisioned for scheduled backup and they must take their own backup time to time and download from the server. Max 1 backup can be generated and can be available on the server for max 6 days. Any backup file available in the server which is more than 5GB would be removed on weekly schedule as 7th, 15th, 23rd and 31st of every calender month.

Unlimited Data Usage Policy:

HostJinni.com offers limited and unlimited data usage according to the web hosting plan purchased by the client. We reserve right to modify the old and new plans/pricing/inclusions at any point of time depending upon the performance of the shared server or requirement of the server. As far as unlimited web space claus is concerned, under shared plans, Diamond plan can use max 10GB total web space, whereas Platinum plan can use max 15GB total web space. Reseller Plans can max use 15GB web space per domain in unlimited data plans and need to ensure max 10% CPU fluctuation keeping the regular usage under 5%.

Refund Policy:

HostJinni.Com offers a 30 (thirty) day money back guarantee to the all new clients (max client age should be less than or equal to 30 days) on our Shared Web Hosting services and a 7 (seven) day money back guarantee only on Reseller Hosting on yearly and above plans, only if they are purchased directly via website on listed standard pricing. There will be no refund on / domain registration or renewal / VPS / and dedicated servers Customer(s) agree not to raise any dispute on the refund policy as per the stated terms. Domain names registered / transferred / renewed through our services are subject to the yearly domain registration fee of INR 799 + Taxes.

Refunds will not be honored if cancellation / refund notices are received after the respective 30 (thirty) days for shared hosting accounts and 7 (seven) days for Reseller. Domain names can be transferred to an alternate domain registrar or you can point to alternate hosting provider.

If a client has taken a voluntary discount for more than 15% on the standard pricing, the refund request will not be processed in any case. Customer taking these additional discount agrees not to raise any refund request or any dispute. 

Any discount offerd on any service will be considered only one time with the service. Free host transfer service is available for max 5 domains in total per client. In case of free web hosting transfer service given by Hostjinni.com for more than 5 domain, client can not ask for refund for the given service and client will be charged for min 2 month hosting charges or INR 500 per static domain/account transfer fee and INR 1000 per dynamic domain/account transfer fee whichever is high. Remaining amount will be refunded to client account. 

Clients are requested to renew their domain with in the renewal period, if the domain has already expired, and you want to renew the domain, there will be a HostJinni convenience fee @ INR 150 Per day. If client dont pay this fee once agreed, we reserve right to hold the domain till the amount is successfully received.

Any addon service taken by client will not be refunded and will be charged in full.

In case if any customer decides to transfer his/her domain to some other registrar, it is necessary for him/her to notify us at support@HostJinni.Com about this change so that our billing records could be updated. If we are not properly notified, our automated system will generate invoices and subsequent payment notifications.

Under no circumstances, HostJinni will entertain any claim of refund for (1) SSL Certification Charges (2) WebSite Builder Charges (3) Domain Name Registration Charges and (4) Dedicated Server Charges (5) Set Up Fee in case of cancellation of your order (6) Any account that is terminated by us within the guarantee period resulting from the violation of any of the terms of this TOS (7) the cost of any Third Party Software license(s) (including but not limited to CPanel, DirectAdmin, Fantastico, Softaculos, etc...).

Invoices that have been paid more than once with multiple Paypal/Credit Card Subscriptions can only be addd as credit towards the account and cannot be refunded.

Hosting Migration:
As a part of our commitment to our clients, depending upon the order terms, we offer migration services for certain data size and/or domain limit. Free migration service may be provided as per the HostJinni.com migration team availability and can not be guaranteed as per the client schedule. We will try our best to migrate the data and once it is done, client will be intimated. Due to delay in migration or excessive size of the data or extra number of domains, client will not be entitled for any refund. Paid migration will also be scheduled with the migration team and they will be guaranteed for the time agreed for migration. Migration charges are non refundable in any case. Please ensure to discuss migration terms with the sales before proceeding for migration service.

Taxes & Dues:
Any taxes or dues to be paid in relation to the purchase or use of our electronic services in the jurisdiction of where the purchaser resides as a result of the purchaser purchasing this service contract then the purchaser accepts they are wholly responsible to pay those taxes/dues if any and the purchaser upon acceptance of the service automatically indemnifies HostJinni.Com and its directors from such taxes or dues.

Charge backs:
Incase if a customer withdraws his payments via bank or CC using a charge back it may be subject to a punitive fee of INR 1000, if HostJinni.Com deem this chargeback to be unfair. HostJinni.Com reserves its right to defend this type of charge backs and recover the original monies from the card issuer.

Account Deactivations:
Your account can be cancelled ONLY by initiating a cancellation request using HostJinni.Com Account Manager. Any other methods of requesting a cancellation are not valid. Once the cancellation form is submitted from the Account Manager, the account will be cancelled within two to five business days.

Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of INR 2500 to be paid prior to reactivating the account.

**Please note: Domain Name Registration fees WILL NOT be refunded.** **Free Domain registration is provided for the initial year of the hosting only. For subsequent year clients are required to renew their domain manually.**

Mid term account cancellation (registered under annual contract) initiated by customer is subject to management approval. For any mid-term account cancellation initiated by customer, HostJinni.Com requires 1 month of notice period. Mid term account cancellation initiated by customer will be charged INR 1000 cancellation fees.

To downgrade an account, HostJinni.Com will charge INR 1000.

REFUSAL OF SERVICE:
HostJinni.Com reserves the right to refuse, cancel, or suspend service, without notice, at its sole discretion without refunds

GENERAL

We daily maintain backup of your website if it is offered in your hosting plan. Considering the fact that backup files may get corrupted or lost or get damaged due to any unknown reason, we recommend you to maintain a local backup copy of your website. Under no circumstances HostJinni.Com is liable to maintain and provide the back up and it is the responsibility of the client to maintain a local copy of the backup of the contents including the emails, database and all contents in whatsoever form. Email backups are not provided. It is the responsibility of the client to ensure all emails are downloaded.


In the event a website is removed due to billing or other violations, and/or due to a system failure, HostJinni.Com is not responsible for email and/or website backups. Furthermore, HostJinni.Com shall not be responsible for any claimed damages, including incidental or consequential damages of your backup files, lost websites, lost databases - resulting from the corruption or deletion of any web site from one of HostJinni.Com servers. HostJinni.Com provides many free components to its clients as a value addition to its services, these are often third party software and thus HostJinni.Com does not have any control over them.


This is purely a complementary offer which is free of cost and therefore under no circumstances HostJinni.Com is responsible for any downtime or any other losses arising out of improper function, up-gradation or failure of these third party software, or any other issues thereof.

It will be a sole responsibility of a client to ensure the proper function, the up-gradation and any coding related or any other issue of all such free components. HostJinni.Com will however, assist its clients to upgrade the version as per their request and guidelines in all possible cases.

Violations of these Acceptable Uses Policies should be referred to:

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

WARRANTY DISCLAIMER:
You, the subscriber, acknowledge that the services and the software are provided "as is, as available" without any warranty of any kind. HostJinni.Com hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by HostJinni.Com or HostJinni.Com representatives including, without limitation, subscriber support representatives, shall create a warranty. HostJinni.Com disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a particular purpose, merchantability of computer programs and content. HostJinni.Com does not guarantee that users will be able to use the services at times or locations of their choosing. HostJinni.Com does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or HostJinni.Com in particular.

LIMITATION ON HostJinni.Com LIABILITY
HostJinni.Com shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall HostJinni.Com be liable under contract, negligence, tort, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not HostJinni.Com has been advised of the possibility of such loss or damages. HostJinni.Com shall not be liable for the cost of procurement of substitute goods, services or technology. HostJinni.Com's entire liability and subscriber's exclusive remedy with respect to any use of the services is the cancellation of subscriber's account as set forth herein. In no event shall HostJinni.Com's liability to you, the subscriber, exceed the fees paid by you for HostJinni.Com services. No action, regardless of form, arising out of these terms or out of the services may be brought by you, the subscriber, more than one year after the event which gave rise to the cause of action. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions; HostJinni.Com's liability shall be limited to the greatest extent permitted by law.

INDEMNIFICATION
You agree to indemnify and hold harmless HostJinni.Com, and its parents, subsidiaries, affiliates, cobranders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of your content, your conduct, your use of the service, the goods or services offered or sold through your service, any alleged violation of these terms, including any applicable policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with your service. HostJinni.Com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

ACCOUNT ACTIVATION:
By activating your account with HostJinni.Com, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer.

POLICY AND TERMS FOR DEDICATED SERVERS:
Apart from providing shared web space, we also provide the service of dedicated servers. Following are the additional terms and conditions for dedicated servers (in addition to the terms and conditions for web space clients, which also apply to dedicated server clients):

1. The minimum contract term for dedicated server is six months. Once an order for a dedicated server is placed it can not be cancelled before six months or against the payment in lieu thereof. However, in case of non-compliance of the terms stipulated, the contract will be terminated by HostJinni.Com before end of the term without providing any refund.


2. HostJinni.Com is not responsible for any data loss. Customers are responsible for keeping local backup files of all sites. Any backup services provided by HostJinni.Com are at our discretion and are not guaranteed unless otherwise specified under separate contract. Restoration of files from backup may incur restoration fees.

POLICY FOR USE AND SECURITY OF CARDHOLDER DATA OR OTHER PERSONAL OR FINANCIAL INFORMATION

PCI DSS Compliance Disclamer
Shared/Reseller Hosting: HostJinni.Com hosting environment is not intended for secure payment pages, and/or storing, transmitting, processing, and viewing credit card data. It is strictly prohibited to store, process, transmit, and view credit card data on HostJinni.Com servers and/or web hosting plans. Ecommerce transactions must be outsourced to third party vendors and ensure they do not connect to HostJinni.Com servers.


Dedicated Hosting:

For purposes of this section, the term "Cardholder Data" or "CDI" refers to the number assigned by the card issuer that identifies the cardholder's account or other cardholder personal information, and "Personally Identifiable Information" or "PII" means any CDI or other personal or financial data relating to any individual or entity.

The provisions set forth in this section apply to you that either itself, or through a processor or other agent, stores, processes, handles, or transmits cardholder data or PII in any manner.

1. You shall at all times comply with the Cardholder Data and Personally Identifiable Information requirements for cardholder data that are prescribed by the PCI Security Standards Council. Requirements documentation are available on the PCI Security Standards Council web site at https://www.pcisecuritystandards.org/.


2. You acknowledge and agree that cardholder data may be used only for assisting in completing a card transaction, for fraud control services, or as specifically agreed to by PCI Security Standards Council or as required by applicable law.


3. In the event of a breach or intrusion of or otherwise unauthorized access to cardholder data stored at or for you, you shall immediately notify the card issuer in the manner required in the PCI Security Standards Council requirements.


4. You shall maintain appropriate business continuity procedures and systems to ensure security of cardholder data in the event of a disruption, disaster, or failure of your primary data systems.
5. You and you successors and assigns shall comply with the PCI Security Standards Council requirements after termination of this Agreement.


6. You acknowledge and agree that PII may be used only for assisting in completing an e-commerce transaction, including fraud control services associated with said e-commerce transaction, subject to applicable law.

NOTICE:
HostJinni.Com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. 

We also retain the right to change any pricing, and make changes to our account plans without notification, however change in pricing will not affect your existing order.

**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a INR 2500 Cancellation fee will apply. ** Also the proper (and your local) authorities will be notified of your actions.

**Please understand that if your account is terminated due to the misuse of your account resulting from spam or any other methods prohibited by our service, your hosting account will be immediately suspended/deleted without any prior notification, and you will not be refunded under any circumstances.

 


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