Terms Of Service


Terms Of Service

General Terms of Service

The Terms of Service are an agreement between Probuz Technologies Pvt Ltd, a company headquartered in India and “You” (the users). This agreement outlines the general terms and conditions governing the use of the products and services made available by Probuz Technologies Pvt Ltd (collectively known as the “Services”). Your use of the Services constitutes acceptance of this Agreement. If you do not consent to these terms, you are not permitted to use or access the Services. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned by Probuz Technologies Pvt Ltd. Probuz Technologies Pvt Ltd reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when Probuz Technologies Pvt Ltd decides that the account has been inappropriately used.

  1. General Rules of Conduct

As a user of Probuz Technologies Pvt Ltd’s services, you acknowledge that:

  1. 1.1Your use of Probuz Technologies Pvt Ltd’s website and services including any content that you contribute will comply with this TOS agreement, any other Service Agreement or policy that might be applicable to your services along with all the applicable local, state, national and international laws and rules.
  2. 1.2You are not allowed to collect or allow anyone to collect any user content or any personal or non-public information about any other user without their prior written consent.
  3. 1.3You will not use the Probuz Technologies Pvt Ltd websites or services in a way that:
  1. Is illegal or promotes illegal activity.
  2. Encourages or engages in child exploitation or any other activity related to CASM.
  3. Encourages or engages in violence against children, animals, property or terrorism.
  4. Encourages or engages in any spam activity, unsolicited bulk email sending, computer or network breaching or hacking.
  5. Encourages or facilitates prostitution or sex trafficking.
  6. Violates the intellectual property rights of another user or entity.
  7. Breaches the privacy or publicity rights of another user or entity, or violates any confidentiality obligations you have towards them.
  8. Disrupts the functioning of the Probuz Technologies Pvt Ltd website or the services offered on it.
  9. Introduces viruses, worms, bugs, Trojan horses, or any other harmful code or programs designed to disrupt, damage, or limit the functionality of software or hardware.
  10. Includes false or misleading information, or claims about Probuz Technologies Pvt Ltd or its services that cannot be proven or compared accurately.
  11. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
  12. Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites that provides "links to" or "how to" information about such material.
  13. Involvement in Topsites, Ponzi or pyramid schemes, prime bank programs, spam bots, gambling, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts is prohibited.
  14. Sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events.
  1. 1.18Probuz Technologies Pvt Ltd reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.
  2. 1.19You must refrain from engaging in any deceitful or harmful behaviour. You must also avoid actions that could unreasonably strain or burden our infrastructure, as determined by us.
  3. 1.20You are not permitted to reproduce or distribute any portion of this website in any form without explicit permission from Probuz Technologies Pvt Ltd.
  4. 1.21You are prohibited from making any changes to this website or the services it offers, including any related technologies.
  5. 1.22You must only access Probuz Technologies Pvt Ltd Content or user content through this Site or as directed by Probuz Technologies Pvt Ltd.
  6. 1.23You are not allowed to resell or offer the Services for commercial use, including any of Probuz Technologies Pvt Ltd's associated technologies, without Probuz Technologies Pvt Ltd's written consent.
  7. 1.24You must not bypass, deactivate, or disrupt the security features of this website or its services (including features that prevent or limit the use or copying of Probuz Technologies Pvt Ltd Content or User Content), or enforce any restrictions on the use of this website or its services, the Probuz Technologies Pvt Ltd Content, or the User Content contained therein.
  8. 1.25You must not host, display, upload, modify, publish, transmit, store, update, or share any information that violates any rules or guidelines of Probuz Technologies Pvt Ltd. If you fail to comply with Probuz Technologies Pvt Ltd’s rules, regulations, privacy policies, or user agreements regarding the use of any computer resource, Probuz Technologies Pvt Ltd reserves the right to immediately terminate access or usage rights to the computer resource, or remove non-compliant information, or both, as deemed appropriate.
  9. 1.26You consent to furnish government-issued photo identification and/or government-issued business identification for identity verification upon request.
  10. 1.27You must acknowledge that Probuz Technologies Pvt Ltd may occasionally call you regarding your account. For such calls, you understand that your conversations may be recorded, and you hereby give your consent for this recording, subject to applicable laws, restrictions, and obligations. This includes the possibility of recording calls without explicit consent on each occasion. You also agree that such recordings may be used as evidence in legal proceedings involving Probuz Technologies Pvt Ltd.
  11. 1.28By providing your phone or mobile number, you agree to receive marketing calls from Probuz Technologies Pvt Ltd, which may be automated or use pre-recorded messages. Your consent for these calls is not a requirement for purchasing any products or services from Probuz Technologies Pvt Ltd. Similarly, by providing your mobile number, you consent to receive marketing text messages from Probuz Technologies Pvt Ltd, which may also be automated. Standard message and data rates may apply.
  12. 1.29In addition to the rights outlined elsewhere in this Agreement, Probuz Technologies Pvt Ltd explicitly retains the right to refuse, cancel, terminate, suspend, or restrict future access to this Site or any Services (including, but not limited to, the right to cancel or transfer any domain name registration) for any User:
  1. Whose Account or Services were previously terminated or suspended, whether due to violation of this or any other Agreement or any Probuz Technologies Pvt Ltd policy.
  2. Who has engaged in inappropriate or unlawful activity while using the Site or Services (as determined solely by Probuz Technologies Pvt Ltd).
  1. 1.32If any purchases or account actions appear fraudulent, abusive, or suspicious, Probuz Technologies Pvt Ltd has the right to cancel associated services and close relevant Probuz Technologies Pvt Ltd accounts linked to your name, email address, or account. If Probuz Technologies Pvt Ltd, at its discretion, deems any activity fraudulent, it reserves the right to pursue legal action, and you may be responsible for reimbursing Probuz Technologies Pvt Ltd for any losses, including legal expenses and damages. To dispute service cancellations or account freezes or closures, please reach out to Probuz Technologies Pvt Ltd customer care.
  2. 1.33You certify that by purchasing any of our products from this website that you are 18 years or older.
    In compliance with DMCA act, Probuz Technologies Pvt Ltd has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights.
  3. 2. Abuse Of Resources
  1. 2.1Any attempts to compromise or actual compromise of a network device belonging to Probuz Technologies Pvt Ltd or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  2. 2.2Distributed Denial of Service (DDoS) attacks directed at Probuz Technologies Pvt Ltd, or any attempts to launch a Distributed Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  3. 2.3The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
  4. 2.4The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
  5. 2.5Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund.
  6. 2.6Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms (i.e., upgrade). Although we offer 99.95% uptime we cannot fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
  7. 2.7If any client is in any way disrespectful towards any member of the Probuz Technologies Pvt Ltd staff we have the complete right to remove them from our services without any refund.
  1. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
  1. 3.1Use of our services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited.
  2. 3.2Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations.
  3. 3.3If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
  4. 3.4Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $250 USD will be charged to your account.
  5. 3.5The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $750 USD. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
  6. 3.6We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  7. 3.7We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
  8. 3.8Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is strictly prohibited and will qualify your site for immediate deactivation with no refund. Probuz Technologies Pvt Ltd would be the sole arbiter as to what constitutes a violation of this provision.
  9. 3.9In order to ensure that our servers give us optimum performance we have set limits on the number of outgoing mails that can be sent per domain per hour. The defined numbers here are the maximum limit of the highest plan of that service, if you choose a lower plan the number of outgoing emails limit may vary. Shared customers would be allowed to send up to 100 outgoing mails per hour, reseller users up to 25 mails per hour while VPS/cloud customers would be able to send 1000 outgoing mails every hour. Customers having dedicated servers may send 2000 mails per hour.
  10. 3.10We do not guarantee Inbox email delivery with any of our hosting plans. If your emails are not delivered as planned, our services are not accountable in this case.
  1. Transfers/Migrations
  1. 4.1We provide a free migration service to assist in transferring your website from your previous provider to ours. As the owner of the website, you understand its intricacies better than anyone else, and while we will make every possible effort to migrate your site files and data, it remains your responsibility to ensure suitable access for data retrieval and to verify the successful migration of the website. We aim to complete website migrations within 72 hours, however, we cannot guarantee specific timeframes. Additionally, we may be able to migrate emails, DNS records, and domain names in some cases, but we cannot guarantee uninterrupted or successful migration of these elements.
  2. 4.2The configuration of each hosting company varies, and data may be stored in incompatible or proprietary formats, making migration difficult or impossible in some cases.
  3. 4.3The complimentary transfer service is valid for thirty (30) days from your sign-up date. For transfers beyond this period, charges may apply; please contact our Transfers/migration department by raising a ticket. Probuz Technologies Pvt Ltd cannot be held responsible for any lost or missing data during transfers to or from our service. It is your responsibility to back up your data in all situations.
  4. 4.4Free migration services are not available for un-managed hosting. If migration assistance is required, additional charges will be applicable.
  5. 4.5For both managed and un-managed hosting services, migration charges will be applicable if the control panel differs or if the migration is done manually.
  1. Bandwidth Regulations

If the customer’s account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.

  1. Unmetered Bandwidth

We do not set a limit on the amount of bandwidth that you may use in the normal operation or a personal or a small business website provided it complies with this agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing.

  1. Unacceptable Resource Usage

The rules mentioned below are applicable only for the shared, reseller and cloud hosting plans.

  1. 7.1The storage space on the hosting server can only be utilized for hosting websites and applications.
  2. 7.2This space should not be used for storing unwanted files that are not in use for your websites and applications.
  3. 7.3This space should not be used for files that can be stored on your local machine, saving website backup, FTP host or for demo purposes.
  4. 7.4Run cron entries with intervals of less than fifteen (15) minutes.
  5. 7.5Run any MySQL queries longer than thirty (30) seconds.
  6. 7.6Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
  7. 7.7The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB.We hold the right to inspect every account for extra utilization of disk space, CPU and other resources that may violate this Agreement or the AUP.
  1. Reseller Hosting Terms and Client Responsibility
  1. 8.1Using a shared hosting account to resell web hosting to others is not allowed. You must sign up for a reseller hosting plan if you want to become our reseller.
  2. 8.2Resellers must assure that each of its clients, follow this Agreement.
  3. 8.3Resellers are completely responsible for supporting their clients including customer service, billing and technical support. We are not liable to provide support to Reseller Users. Any assistance needed for the client's issue must be reported by the reseller on the user's behalf.
  4. 8.4Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their users. We may hold any reseller responsible for any activity from their client's account that violates the law or this Agreement.
  5. 8.5The Company shall not be kept liable for the acts or omissions of our resellers. The reseller hereby promises to indemnify the Company to and against any and all claims brought by any Customer resulting from the actions or omissions of the reseller.
  6. 8.6The Company retains the right to review our Reseller plan anytime necessary. Changes shall take place as posted publicly or at any later date as the Company can designate.
  1. Probuz Technologies Pvt Ltd as a Reseller or a Sub-licensor
  1. 9.1We may use certain third-party services, hardware, software and equipment and use it as a reseller or sub-licensor.
  2. 9.2We are not liable for any modifications to the services that cause any resold products to become outdated, including improvements or adjustments that otherwise influence the output of the services.
  3. 9.3Any failure or defects of resold services, whether sold, sub-licensed, or given to you by us, shall not be considered to be a violation of the Company's obligations under this Agreement.
  4. 9.4Any rights or suggestion you may have concerning the possession, licensing, performance, or infringement of any Resold Product shall be limited to those rights which the manufacturer of such Resold Product extends to you.
  5. 9.5You are qualified to use any Resold Product that we provide only concerning your use of the Services as permitted under this Agreement.
  6. 9.6No attempt shall be made to clone, change, reverse engineer, or tamper with or use any Resold Product other than in connection with the Services.
  1. Account Details

To access our services, you'll have to create an Account. A username and password may be assigned to you upon placing your order, but we reserve the right to modify them. Any changes will be communicated to you through Probuz Technologies Pvt Ltd official email ID. By setting up and using your Account, you confirm that all provided information is truthful, accurate, and complete. You're responsible for all activities on your account, whether authorized by you or not, so it's crucial to keep your login details secure. Please inform us immediately of any unauthorized account use or security breaches.

  1. Domain Registration
  1. 11.1We cannot guarantee the availability of a specific domain name requested for registration by you (Domain). The Domain will always be registered in or transferred into your name. You should manage your Domain's WHOIS data through your Probuz Technologies Pvt Ltd client area. It is important to ensure that all information is accurate. If your contact data is not kept up to date and cannot be verified, your domain may be taken offline. For optimal service, we reserve the right to change the registrar of a domain at our discretion and without a prior notice.
  2. 11.2For all relevant gTLDs, you consent to our role as a Designated Agent, in line with ICANN’s Transfer Policy whenever a request is made to update the registrant contact details linked to a Domain. Accordingly, you authorize us to approve a change of registrant or any alteration to the registrant’s details on your behalf.
  3. 11.3No refund is applicable once the domain is registered.
  1. Domain Infringement

You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: Flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in

  1. Domain Renewal

We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.

  1. Free Domain Offer

Free domain is offered on the highest shared hosting plan and all the cloud hosting plans. Note that the domain name is free only for the first year and the domain renewal charges are applicable from the second year. This policy applies to selected domain extensions and is subject to change. We reserve the right to approve or decline free registrations or transfers at our discretion. Additional charges apply to extensions not covered by this offer. Any fee adjustments for alternative extensions must be pre-approved by us. The initial registration period is one year, with subsequent renewals subject to our standard renewal rates.

  1. Backup Policy
  1. 15.1Your use of the hosting services is at your sole risk. You agree to backup all of your content so that you can access and use it when needed. Probuz Technologies Pvt Ltd does not warrant that it takes the backup of any account or user content, and you agree to accept as a risk the loss of any and all of your user content.
  2. 15.2You as a Probuz Technologies Pvt Ltd user agree that in no case, Probuz Technologies Pvt Ltd can be held responsible for the loss of data in any circumstances.
  3. 15.3Daily backups are included with the shared, cloud and reseller hosting plans. For these clients,we take daily backup of database with a retention period of 7 days. Website backup are taken weekly with retention period of 1 day. Any backup copy maintained by Probuz Technologies Pvt Ltd will not have any emails or media file included in it.
  4. 15.4We strongly recommend clients to consider our paid backup solutions for Shared, VPS and Dedicated Servers.
  5. 15.5Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.
  1. Service Uptime

We strive for a service uptime of 99.95%, with exceptions for planned or emergency server maintenance or circumstances beyond our reasonable control. We'll inform all customers about planned maintenance well in advance through email. If your server encounters an issue, a qualified engineer will address it within 30 minutes of notification. Should the issue persist beyond 30 minutes, you'll be promptly informed, receiving details of the problem and an estimated resolution time. Notifications may be sent to your registered email addresses.

  1. Uptime Guarantee Terms
  1. 17.1Any service interruptions or downtime due to scheduled maintenance by Probuz Technologies Pvt Ltd or our network providers will not count towards the uptime guarantee.
  2. 17.2Probuz Technologies Pvt Ltd is not liable in any way for failure of third party services.
  3. 17.3Probuz Technologies Pvt Ltd will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.
  1. Reasons why we may suspend or disable your services
  1. 18.1For dealing with technical problems or making any technical changes. You will be intimated before the account gets inactive.
  2. 18.2For updating the product to reflect changes for laws and regulatory requirements.
  3. 18.3For making changes to the services as notified by you.
  4. 18.4When required by law.
  5. 18.5If we believe that you have violated any material term of this agreement.
  6. 18.6For resolving any third party claims or actions.
  7. 18.7For avoiding any financial loss or legal liability.
  1. Money Back Guarantee
  1. 19.1We offer different money back guarantees for different services. All shared hosting, cloud hosting, and reseller hosting plans are subject to a 7-day money-back guarantee. It is important to note that you must initiate the refund request within 7 days from the date of sign-up. The VPS hosting plans include a 7-days money back guarantee and if you need a refund, you must initiate the refund request within 7 days of signing up.
  2. 19.2Once the refund is initiated, you will receive a full refund of the money that you have paid minus the domain-registration fees that is not refundable. It's crucial to note that refunds are not applicable for domain registrations, renewals, transfers, or license payments under any circumstances. These payments are considered final and non-refundable upon purchase.
  1. Billing Policy
  1. 20.1If paying through credit card, debit card, net banking, UPI, PayPal the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear and after that the account would be setup.
  2. 20.2The money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you've had an account with us before, cancelled and signed up again or if you have opened a second account with us, you will not be eligible for a refund.
  3. 20.3Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Dedicated Server, AWS Cloud, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Titan Email, Office 365 and any other paid licenses.
  4. 20.4The modifications done in pricing pattern or policy by the software license company will take effect immediately for Probuz Technologies Pvt Ltd clients.
  5. 20.5No refund will be made if your Service(s) are suspended or terminated for cause.
  6. 20.6The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.
  7. 20.7If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Probuz Technologies Pvt Ltd if you fail to pay the difference amount.
  8. 20.8Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.
  9. 20.9The cancellation request should be sent through client area.
  10. 20.10After sending the cancellation request, it would take 14 days to complete the refund process.
  1. Late Payment or Non-Payment
  1. 21.1Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
  2. 21.2If your account gets terminated, the data residing on it won't be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
  3. 21.3We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
  1. Pricing and Promotions
  1. 22.1Probuz Technologies Pvt Ltd offers a diverse range of products, services, and plans to accommodate virtually any web hosting need. Our pricing structure is designed to be competitive and transparent, ensuring that customers receive the best value for their investment.
  2. 22.2Occasionally, we provide special pricing, discounts, coupons, and promotions during the initial term, after which standard renewal pricing applies. Please be aware that these special offers are limited-time promotions available exclusively to new customers and do not apply to subsequent renewal terms.
  3. 22.3Upon the conclusion of the initial term, the services will renew at the standard pricing unless otherwise specified.
  1. Taxes

The price mentioned on the site is exclusive of taxes. To view price with taxes, you will have to click on the “add to cart” option to view the price along with the tax amount. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable. GST (Goods and Services tax) is only applicable to the Indian clients.

  1. Cancellation Process
  1. 24.1At any point of time, you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
  2. 24.2You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.
  3. 24.3It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.
  1. Account Termination

Your Probuz Technologies Pvt Ltd hosting account can be terminated due to the following reasons:

  1. 25.1You decide to discontinue : At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 24 hours.
  2. 25.2Cancellation upon expiration : If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 24 hours (after the expiration date).
  3. 25.3Failure to Pay : If you don't pay the fees owed for the services, we reserve the right to suspend or terminate those services and may pursue any collection costs incurred by Probuz Technologies Pvt Ltd, including arbitration and legal fees, as well as reasonable attorneys' fees. User accounts won't be reactivated until all outstanding amounts are settled. We are not liable for any deleted or lost user content resulting from suspension or termination of services.
  4. 25.4Renewal was not done in time : In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 72 hours (after the expiration date).
  5. 25.5You violate our Terms of service : If you violate our terms of service during your subscription period at Probuz Technologies Pvt Ltd it will result in immediate account suspension and termination. As soon as we've been notified about the violation of service, we would usually take instant action.
  6. 25.6Potential fraud : We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.
  7. 25.7A Dispute or Chargeback : During the violation of our Terms of Service, we would initially suspend and give a 7 days’ timeframe to resolve the concern with Probuz Technologies Pvt Ltd before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.
  8. 25.8Note : It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and Probuz Technologies Pvt Ltd shall not be liable for the same.
  1. Invoice Disputes

If you have any inquiries regarding charges on your account, contact our billing team at finance@probuztech.com.

  1. Account Security and Company Systems
  1. 27.1You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
  2. 27.2Your password provides access to your account. It is your responsibility to keep your password secure.
  3. 27.3Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
  4. 27.4Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
  5. 27.5You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  6. 27.6You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  7. 27.7You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Probuz Technologies Pvt Ltd will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
  8. 27.8It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
  9. 27.9The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security.
  10. 27.10During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
  11. 27.11Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
  12. 27.12Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
  13. 27.13We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  1. Indemnification
  1. 28.1Customer agrees that they will protect, indemnify, save and hold Probuz Technologies Pvt Ltd harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Probuz Technologies Pvt Ltd, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns.
  2. 28.2Customer agrees to defend, indemnify and hold Probuz Technologies Pvt Ltd harmless against liabilities arising out of:
  1. Any injury to person or property caused by any products sold or distributed in association with Probuz Technologies Pvt Ltd's Services.
  2. The loss of any electronic files furnished by customer (Or customer's customer).
  3. Copyright violation and any defective products sold to a customer from Probuz Technologies Pvt Ltd's Services.
  4. Limitations to Liability
  1. 29.1To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Probuz Technologies Pvt Ltd, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type.
  2. 29.2Customers may incur various types of damages resulting from events beyond our control, such as delays, malfunctions, or suspensions in service provision. These damages may include, but are not limited to, loss of profits, cost savings, revenue, business, data, or use. Examples of such events include force majeure, third-party actions, faults in machines or software, and acts or omissions by customers contrary to the obligations outlined in these Terms of Service. Additionally, customers may experience data loss due to hardware or software failure, encounter issues with information or content accessed through our services, receive technical support, or use the services themselves.
  3. 29.3In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.
  1. Dispute Resolution and Jurisdiction
  1. 30.1Except as expressly given elsewhere in this Agreement, nothing in this Agreement is intended, nor shall anything in this Agreement be construed to grant any rights on any individual other than the Parties hereunder and their respective successors and approved assignments. Notwithstanding the above, the customer recognizes and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set out in this Agreement because they apply exclusively to its goods or services and has the right to explicitly implement the terms and conditions.
  2. 30.2You agree that the Courts of Nagpur, Maharashtra (India) shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of the TOS as well as any other document entered into by the Parties shall be governed by the laws of India.
  1. Price Changes

Our service rates are subject to periodic adjustments based on our vendors' pricing. As authorized partners of various license providers and domain registrars, any alterations to their pricing may compel us to raise our service fees to maintain cost coverage. It's essential for you to periodically review billing details to prevent unexpected changes in pricing.

  1. Third Party Beneficiaries
  1. 32.1In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and Probuz Technologies Pvt Ltd shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
  2. 32.2When you buy a third party product or service from us, you are bound by this TOS agreement and the terms and conditions of the third party product or service.

for reference:

  1. TRAI https://www.trai.gov.in/sites/default/files/PR_No.53of2024.pdf
  2. TRAI https://trai.gov.in/sites/default/files/Direction_20082024.pdf
  3. cPanel & WHM: https://cpanel.net/legal-notices/
  4. LiteSpeed: https://www.litespeedtech.com/docs/webserver/license-enterprise
  5. AWS: https://aws.amazon.com/service-terms/
  6. WHMCS: https://www.whmcs.com/terms-of-service/
  7. Office 365: https://www.microsoft.com/en-us/legal/intellectualproperty/copyright/default
  8. G Suite: https://policies.google.com/terms?
  9. Spam Experts: https://www.spamexperts.com/software-services-agreement
  10. Webuzo: https://webuzo.com/license/
  11. Plesk: https://www.plesk.com/legal/
  12. Softaculous: http://softaculous.com/softaculous/tos
  13. BitNinja: https://bitninja.io/terms-and-conditions/
  14. eset: https://www.eset.com/us/software-eula/
  15. DigitalOcean: https://www.digitalocean.com/legal/terms-of-service-agreement/
  16. Change of TOS
  1. 33.1Probuz Technologies Pvt Ltd may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
  2. 33.2No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.
  3. 33.3By signing up for our services, you agree to Probuz Technologies Pvt Ltd’s Terms of Service, Privacy Policy and all the regulations set out by Probuz Technologies Pvt Ltd.