Atex Code Terms and Conditions
Terms Of Service
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services,
features and/or content provided by AtexCode Webhosting Solution (“AtexCode,” "us,", "our" ). AtexCode is the trade
name of AtexCode Webhosting Solution. By purchasing one or more Services from AtexCode Webhosting Solution,
you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is
always available on the AtexCode Webhosting Solution website. It is essential that you read this TOS prior to
purchasing any Service(s) from AtexCode Webhosting Solution.
Customer Agreement
The TOS apply to all Services provided by AtexCode Webhosting Solution to you throughout the entire Term or
Renewal Term. All customers should agree on all terms and conditions stated prior to their signing up
for any of the hosting plans and services mentioned on AtexCode Webhosting Solution. You shall agree to use only
licensed and legal third party softwares in connection with your use of our services. AtexCode Webhosting Solution
reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when
AtexCode Webhosting Solution decides that the account has been inappropriately used or otherwise.
Content
• AtexCode Webhosting Solution reserves the right to refuse service and/or access to its servers to anyone. The
services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any applicable law or regulation is prohibited.
• The activities listed below are meant to provide you with examples of activities and content that are strictly
prohibited.
• Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading
programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port
scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps,
using disk space as secondary storage, 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. Websites promoting illegal activities or linking to
other websites that promote illegal activities, Hosting/Streaming Videos/Music.
• Website content that promotes or advocates human trafficking in any way shape or form as determined by
AtexCode Webhosting Solution’s sole discretion, sites that promote prostitution, or escort services.
• Any website found to host child pornography, link to child pornography or exploitative content will be
suspended immediately without notice or warning.
• Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The
designation of “adult material” is left entirely to the discretion of AtexCode Webhosting Solution.
• Embedding or uploading audio/video/high resolution images on website or linking to other websites that
promotes audio/video/high resolution images.
• 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.
• 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 which provide
"links to" or "how to" information about such material.
• Games - We strictly do not allow to host any kind of games on our servers. Your hosting account would be
immediately terminated if we found any gaming related stuff in your hosting account.
• IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or have a
connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of
these networks will be immediately removed from our network without notice. The server would not be
reconnected to the network until such time that you agree to completely remove any and all traces of the irc
server, and agree to let us have access to your server to confirm that the content has been completely
removed. Any server guilty of a second violation would result in immediate account termination.
AtexCode Webhosting Solution reserves the right to deem any other content or literature as "prohibited" if found to be
indecent, rude, hate content & generally unacceptable.
In compliance with DMCA act, AtexCode Webhosting Solution has adopted procedures for parties who believe that a
hosted site on our service is infringing their copyrights. All copyright complaints must be submitted
to abuse@atexcode.com
Abuse Of Resources
• Any attempts to compromise or actual compromise of a network device belonging to AtexCode Webhosting
Solution 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.
• Denial of Service (DOS) attacks directed at AtexCode Webhosting Solution, or any attempts to launch a
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.
• Hosting any software, source code or any other material that is illegal or could be used to commit an illegal
act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking
tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and
or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• The 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.
• The 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.
• Any 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.
• Any 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% up time we can not fully
guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our
maintenance.
• If any client is in any way disrespectful towards any member of the AtexCode Webhosting Solution staff we
have full right to remove them from our services without any refund.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
• Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. Violation of this SPAM policy will result in severe penalties.
• Upon 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.
• If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or
terminate the guilty hosting account. Further more, 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.
• Anyone 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 $100.00 will be charged to your account.
• The 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 $200. Severe violations may
result in immediate and permanent removal of the account(s) from our network without notice to the
customer.
• We 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.
• We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any
purpose, cause, or reason what-so-ever.
Bandwidth
AtexCode Offers Unlimited Bandwidth with Some Hosting Plans.UNLIMITED Means we didn’t limited
anything for your initial usage but you are about the consider upgrading as per your business/website needs incase of
heavy usage.In Any Shared Hosting Plans if any domain/account using morethan 100 GB Per day
Bandwidth you should be consider Upgrading such websites to VPS/Dedicated Servers.Shared Environments
(Shared hosting) are only for Initial/Average level of websites.
VPS/Dedicated Servers Bandwidth will be Unlimited but if we found any VPS/Dedicated Server using Morethan 1
TB Per day You should considering upgrading your Network Speed with Paid Bandwidth Once it has been noticed
by our Datacenter Network Team.
VPS/Dedicated Rules
We generally recommend a control panel to manage and operate the VPS. All customers who have a Unmanaged
VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the
configuration of such VPS' themselves. The support team will not be responsible for this.We don’t maintain any
type of backups for your VPS/Dedicated Servers !
Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
• Spamming, 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. AtexCode
Webhosting Solution would be the sole arbiter as to what constitutes a violation of this provision.
• In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server hardware node
give us optimum performance we have set limits on the number of outgoing mails which can be sent per
hour. Accordingly, shared customers would be allowed to send 150 outgoing mails per hour,
• We do not guarantee Inbox email delivery with any of our hosting plans. Sugesstion Taking Dedicated IP
Address in Shared hosting will help you with Inbox Delievry (But we don’t have any gurantee for
it as it was something related to GMAIL/YAHOO/OUTMAIL and other mail services providers Mailing
policies)
Backup & Dataloss Policy
• Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can
access and use it when needed. AtexCode Webhosting Solution does not warrant that it backs-up any
Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
• You as a AtexCode Webhosting Solution User agree that in no case, AtexCode Webhosting Solution can be
held responsible for the loss of data in any circumstances.
• We AtexCode Webhosting Solution are not responsible for any type of data loss happen in any cases on the
Server.
• We don’t backup Hosting accounts which exceeded 3GB On the total Disk usage
• BACKUP RESTORE The backup restore service are not included in your Hosting Fees and hence there
will be some Restoration fee for any restoration requested in any event if you want us to restore your
website from your backup respository. The admin fees & Bandwidth charges are payable
immediately and are non-refundable. We cannot guarantee the integrity of the backup on your
backup repository. Backups will not be provided for accounts that have been suspended or terminated for
any reason unless otherwise agreed to in writing by AtexCode Webhosting Solution.
• Clients using Hosting Backup Manager tool for backups should download the backup from the server and
delete it. Weekly once, all the backup files are removed from the server without any notification. You are
not allowed to use the hosting space to store backups.
Domain Policy
• Domain Registrations: No refund is applicable once the domain is registered.
• 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:
atexcodehost.com , googlehost.com and more..
• 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.
Unlimited Policies
• What "Unlimited" means Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set
a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a
personal or 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.
• What "Unlimited" DOES NOT mean AtexCode Webhosting Solution employs complex mechanisms to
protect its hosting Subscribers and systems from any kind of abuse. AtexCode Webhosting Solution's
"Unlimited" hosting offering is not for single or few hosting subscribers to unfairly or adversely impact the
experience of other hosting Subscribers. AtexCode Webhosting Solution's service is offering shared hosting
service, which means that multiple hosting Subscriber's websites are hosted from the same server and share
server resources. AtexCode Webhosting Solution's service is designed to meet the typical needs of small and
medium sized businesses across globe. It is NOT intended to support the sustained demand of large
enterprises, or non-typical applications better suited to a VPS or a dedicated server. AtexCode Webhosting
Solution will make every commercially reasonable effort to provide additional resources to Subscribers
who are using their website(s) consistent with these Terms, including moving Subscribers to newer and
bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all
Subscribers, AtexCode Webhosting Solution does place automated safeguards to protect against any website
growing too quickly and adversely impacting the system until AtexCode Webhosting Solution can evaluate
said sites resource needs.
• Unlimited Hosting Space; excessive SQL Database AtexCode Webhosting Solution does not set any
specific limits on the amount of disk space a hosting subscriber can use for their website, nor does AtexCode
Webhosting Solution charge additional fees based on an increased amount of storage used, provided the
hosting subscriber's use of storage complies with these Terms. Please note, however, that the AtexCode
Webhosting Solution service is designed to host websites. AtexCode Webhosting Solution does NOT provide
unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or
archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the
termination of hosting subscriber's account, with or without notice. Accounts with an excessive database
size (i.e., more than 1 GB) negatively affect the performance of the server. AtexCode Webhosting Solution
may request that the database size be reduced to ensure proper performance or may disable the Subscriber's
account, with or without notice. Hosting subscriber's can create multiple databases however size of each
database should not be more than 1 GB.
• Unlimited File Transfer AtexCode Webhosting Solution does not set any limits on the amount of visitor
traffic a website can receive or on the amount of content a hosting subscriber can upload to his/her/its
website in a given month, nor does AtexCode Webhosting Solution charge additional fees based on increased
use of bandwidth, as long as the hosting subscriber's use of the Services complies with these Terms. In
most cases, a hosting subscriber's website will be able to support as much traffic as the hosting subscriber
can legitimately acquire. However, AtexCode Webhosting Solution reserves the right to limit processor time,
bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other
hosting subscribers.
• Unacceptable Resource Usage
• Run cron entries with intervals of less than fifteen (15) minutes.
• Run any MySQL queries longer than sixty (60) seconds.
• Using morethan the Allocation resource will result your website with Resource Limit Exceeded
error.We will check for such logs weekly once and Accounts with high number of Faults
(Exceeded) will be suspended and Given with Single IP Access until It was optimized to use
Below.If we get such type of exceeds multiple times you should consider taking VPS/Dedicated
Server as per your Usage needs
• The Email usage should not exceed 2 GB Per Hosting.
• "Unlimited" usage policies and definitions apply to all hosting accounts..
Server Resource Usage :
• The space on the shared environment hosting packages can only be utilized for web files, and hosting a
user's website. This space should not be used for media storage or for storing other data such as storing
electronic files, saving website backup, FTP host or for demo purposes. We hold the right to inspect every
shared hosting account for extra utilization of disk space, CPU and other resources that may be violated of
this Agreement or the AUP.
• We may terminate access to the Services at our sole discretion, or takedown or erase User Content for those
accounts considered to be in violation of these Terms and Conditions and other policies. Dedicated and
VPS usage limits will depend on the amount of resources allocated to the plan that you have purchased.
• Every Accounts created on the shared Environment (By you/yours client) Should not exceed the Below
allocation.Exceeding the LVE Allocation by any Account/Hosting under the server will result in that
corresponding account suspension with/without notice.
Uptime Guarantee
• Any service interruptions or downtime due to scheduled maintenance by AtexCode Webhosting Solution or
our network providers will not count towards the uptime guarantee.
• AtexCode Webhosting Solution is not liable in any way for failure of third party services.
• AtexCode Webhosting Solution 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.
Account Security
• You are responsible for any misuse of your or your clients 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.
• Your password provides access to your account. It is your responsibility to keep your password secure.
• Sharing 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.
• Attempting to obtain another user's account password is strictly prohibited, and will result in termination of
service.
• You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
• You 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.
• You 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. AtexCode Webhosting Solution 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.
• It 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.
• The 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. During monitoring, information may be
scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent
to monitoring for these purposes.
• Any 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.
• Any 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.
• We 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.
Coupon/Discount Code :
• Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not
be used towards the purchase of a domain registration unless otherwise specified. If you have signed up
using a particular domain, you may not resign up for that domain using another coupon at a later date. Any
account found in violation of these policies will be reviewed by our sales department and the appropriate
invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension
or termination of the account.
Billing & Refund Policies
• For every services renewals due invoice will be generated before 7 days from your due date,Its your
Responsibility to do the Payment in time to avoid any service suspension/termination.Every Service will be
suspended on 5th day from the due date and terminated on 8th day from the due date.Incase if your service
got terminated because of your Payment issue We are not responsible for any files/contents inside your
Hosting Plan.As it your whole responsibility to do the Payment in time.
• Late Fee of 3$ Will be added to your invoice incase if you didn’t made the payment before the
Suspension.The late fee should be paid by you to get your service re-activated.
• The cron timing will be on 2:00 AM As per the IST Its the cron time the invoice generation,Service
Cancellation,Suspension,Termination,Late Fee Addition will be Done
• If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the
payment is confirmed. If you are paying By Bank Transfer or any other Offline Payment Method, We will activate the order once we
confirmed the Payment
• The 7 day 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, you will not be eligible for a refund or if you have opened a second account with us.
• Refund is not applicable on Domain registration/transfer/renewal, VPS & Dedicated Server,
CodeGuard,SiteLock,Dedicated IP, WHMCS License, Blesta License, Weebly Site builder and other
addons we provide The modifications done in pricing pattern or policy by the software license company
will take effect immediately on AtexCode Webhosting Solution clients.
• The money back guarantee is provided on Shared/Reseller/Master/Alpha Reseller hosting Only
• No refund will be made if your Service(s) are suspended or terminated for cause.
• The 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 7 days period or beyond coverage of our refund policy as noted here.
• If 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 AtexCode Webhosting Solution if you fail to pay the difference amount.
• Transfer 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.
• We do charge an amount of $12 on account migration. Incase of Service
cancellation within first 7 days.There will be an Charge of 10$ Deducted from the Refund Amount.
• The payments made through Bank or Offline Payment Methods To our Bank Directly are non-refundable. Refund will be
added as credit to the hosting account.
• The refund request placed after 7 days will not be processed and you will not be eligible for any refund.
• The cancellation request should be sent through client area.
• After sending the cancellation request, it would take 7 to 15 Business days to complete the refund process.
• Unpaid 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.
• If 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.
• We will not activate new orders or activate new packages for customers who have an outstanding balance
on their account.
• Every Services will be suspended on the next day of your due date and terminated on the 5th day from your
service due date.So its your responsibility to Do payment in time to avoid any service
suspension/termination
Account/Service Termination
Your hosting account at AtexCode Webhosting Solution can get terminated due to following reasons:
• You 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.
• Cancellation 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).
• You did not renew
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 5 Days (after the expiration date).
• You violate our Terms of service
If you violate our terms of service during your subscription period at AtexCode Webhosting Solution 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.
• Potential 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.
• A 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 AtexCode Webhosting Solution before the termination occurs. If still, it remains
unsolved termination of your hosting account will take place.
Note: 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 AtexCode
Webhosting Solution shall not be liable for the same.
AtexCode Webhosting Solution have rights to Change the Agreement/Refund Policy/Privacy Policy/Plan pricing
anytime.You will be notified about the Policy changes and an Copy of Agreement will be attached on your Order
confirmation Email with Each Orders.
By Using our Services You are agreed to all our Agreements and Policies.Violation of our Agreements/Policies will
result in Account Suspension/termination with/without any Notification