This SLA was effective as of 17th September 2013.
Last update: 1st January 2023
The Company guarantees uptime for the server(s) hosting The Customer's website. If the server experiences more than 5% annual downtime, The Customer may be eligible for compensation under the following conditions:
The Company imposes inode limits on shared hosting accounts, with Enterprise accounts limited to 420,000 inodes, Business accounts limited to 210,000, and Starter accounts limited to 140,000. If the inode limit is reached, The Customer may be asked to take action or upgrade to a more powerful solution, as such accounts cause performance degradation of the whole shared hosting environment, which affects all the customers located on the same host. Failure to meet these criteria may result in account suspension.
The Company provides a courtesy backup service for all accounts, with a retention period of 30 days. However, The Customer is solely responsible for making backup copies of their website and content, such as email messages, SQL databases, etc. The Company has no liability or obligation to create, store, or provide any backup copy to The Customer for their website and other content. The Company shall not be liable for any damages caused by the loss of data, including but not limited to internet connectivity problems, electricity outage, hardware or software failure, human mistake, natural disasters, acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc. The Customer will be solely responsible for making and storing their own backup copies of the data outside of the Company’s infrastructure premises and restoring any missing data and information.
Disk space and Traffic Usage
The Company's disk space and traffic usage are subject to the terms "unlimited" and "unmetered," which are defined by experience gained by The Company with similarly situated customers or measured by industrial standards and the average resource usage of a shared hosting account located on the same server. The Customer's use of resources may not exceed that of similarly situated customers in a way that affects the global performance of the hosting environment or causes any service-related issues, regular backups delay, or high I/O wait.
What “Unlimited” does not mean
The Company's "unlimited" services are not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers. The Company does not provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the services will result in the termination of The Customer's account, with or without notice.
The shared hosting environment is designed to meet the typical needs of small and home businesses and may not support the sustained demand of large enterprises or non-typical applications better suited to a dedicated server or other advanced solutions. The Company 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.
Policy for Database Engine Usage
The Customer must use MySQL and PostgreSQL database server resources in a manner that does not compromise the overall server performance. The Company has the discretion to determine which queries executed towards any database are considered slow and may impact server performance. Failure to comply with this policy may result in a warning, suspension, or account termination.
Fair Usage of MySQL/PostgreSQL Resources
The Customer must not exceed 10% of the system resources spent on MySQL queries towards databases under their account at any given time. Each shared hosting server has a maximum allowed size of 900 MB for the Enterprise package, 600 MB for the Business package, and 300 MB for the Starter package. Databases exceeding the recommended size are considered critical-sized and may endanger server performance. The Company may suspend, terminate, or rotate databases above the critical size without prior notice or request from the Customer. The Customer is responsible for managing their databases and scripts in compliance with this policy.
CPU Access Policy and Governance
The Company provides CPU resources in a shared manner among all Customers. Each plan is designed to facilitate a certain amount of CPU load per month to ensure even allocation among Customers. The Company will notify the Customer when their account reaches 70% of their monthly CPU time. If the Customer fails to take corrective action, the Company reserves the right to limit access to shared CPU resources for the given account until their monthly quota is reset. The Customer acknowledges that limited access to shared CPU resources may affect the proper operation of their services with the Company. The Company cannot be held responsible for any damage or lost interest incurred in result of limitations of shared CPU pool access.
Cancellation of Services, Refund Policy, and Compensation Scheme
Cancellation requests for renewal payments must be submitted before 11:59 AM EDT on the day before the renewal date. Payments conducted after this time are non-refundable. Failure to comply may result in account suspension until renewal payment is received. All Shared and Cloud Hosting packages come with a 27-day money-back guarantee. To receive a full refund, the Customer must provide a valid reason that reflects the server or service issue. Upgrades are non-refundable, and renewal payments are not covered by the money-back guarantee. If a free domain name has been registered, a registration fee may be withheld upon hosting package cancellation during the money-back period, depending on the domain extension.
Extra Services General Refund Policy
All extra services are subject to a charge for a specific period and are non-refundable if the Customer has taken advantage of them.
Payments and Renewal Policy
The Customer will be billed on a recurring basis unless they submit a Cancellation Request form to The Company to cancel any or all provided services. All renewal payments are non-refundable, and it is the Customer's responsibility to ensure payment information is up to date and all invoices are paid on time.
Technical Support Policy:
The following policy governs the provision of technical support by Himalayan Host. All support is provided as-is, subject to the disclaimer of warranties and limitation of liability set out in the Terms of Service (ToS), to the maximum extent permitted by national law without affecting consumer rights. While the company will make reasonable efforts to provide technical support in a timely and professional manner, it cannot guarantee the results expected by the customer or that the issue will not recur. The company reserves the right to refuse technical support if the customer exceeds reasonable use, is verbally abusive, or makes requests that are not compatible with the Services or create a security risk.
The Phone Support team of Himalayan Host can only assist with issues that lie within the system, and the highest level of access to the system is available only to personnel handling technical support tickets. The customer can request advanced technical support only by opening a ticket through the ticketing system in the Client Area. The company has no liability to provide technical support if requested in any other way.
Customers requesting technical assistance authorize the company's intervention and operation in their hosting account, cPanel, and/or Client Area. The company may have full access to all aspects of the Services based on the customer's request, but the customer is solely responsible for any changes made to their account after the request is completed. The company will make every effort to provide technical support within the expected time frame and achieve the results required by the customer, but has no obligation to complete the requested support by any deadline or achieve any specific outcome or result. The customer agrees to accept technical support upon their own discretion and responsibility.
Abuse of the ticketing system, including excessive tickets or aggressive and/or harassing behavior, may result in warnings, ticketing system access restrictions, account suspension, or possible account termination without a refund. The company reserves the right to decide what constitutes an abuse of the ticketing system and to apply an additional fee depending on the frequency of requests. Any additional fees paid by the customer for technical support are non-refundable.
The company can change server configuration at any time without prior notice to the customer if it is in the best interest of achieving better server performance and stability. The customer agrees not to perform any activity from their account that contradicts the server configuration.
Either party may terminate this ToS upon written notice to the other if one party materially breaches any terms of this ToS and the breaching party fails to correct the breach. The customer can terminate the Services at any time through the Client Area, and the company will acknowledge completion of the Cancellation Request by email confirmation. The company is not liable for any indirect, special, exemplary, or consequential damages arising under this ToS, and there shall be no refunds. The company makes no warranty of any kind, whether express or implied, with regard to any third-party products, content, or any software, equipment, or hardware obtained from third parties.
Customer Service Cancellation Policy:
Customers may cancel any service provided by the Company by submitting a request through the Client Area. The Company will only proceed with cancellation requests after confirmation by Technical Staff of the reason behind the request. The cancellation becomes effective according to the time chosen by the Customer during the cancellation process, and the account will be suspended immediately. The Company will keep a copy of the canceled account for a maximum of 15 calendar days after cancellation becomes effective, after which all information and data related to the account will be deleted. The Company is not liable for loss of data due to suspension or termination.
The Company will refund the money paid by the Customer for hosting accounts, excluding the setup and processing fee paid during the signup process, within the Money Back period. Renewal payments must be canceled before 11:59 AM EDT on the day before the renewal date, or they will be considered non-refundable. Shared and Cloud Hosting packages come with a 27-day money-back guarantee, while Bare Metal Servers, Extra Services, and Domain Names are not subject to a refund. Upgrades and renewal payments are non-refundable.
If a service is force-canceled by the Company, any hosted content, including copyrighted and intellectual, becomes the immediate property of the Company. Actions that harm the Company's best interests include chargebacks, fraudulent activities, false prophecy, and harm to representatives, customers, or associates.
The Company has the right to periodically change its prices, and Customers will be charged based on the current renewal rates for the next billing cycle. The use of email clients with IMAP protocol is allowed up to a certain maximum mailbox size, and no more than ten simultaneous IMAP connections are allowed. Exceeding these limits may result in flagged service for review and/or suspension by the Company without prior notice.
DISCLAIMER OF WARRANTY
The Subscriber acknowledges that the Services and Software are provided "as is, as available" without any warranty of any kind. Himalayan Host 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. The Services and Software may contain errors, and Himalayan Host does not guarantee that they will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Himalayan Host or its representatives, including without limitation Subscriber support representatives, shall create a warranty. Himalayan Host 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. Himalayan Host 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 Himalayan Host Pvt. Ltd. in particular.
The Customer agrees to use all Services and any information obtained through or from the Company at their own risk. The Customer acknowledges and agrees that the Company exercises no control over and accepts no responsibility for the content of the information passing through the Company's host computers, network hubs and points of presence, or the Internet.
LIMITATION OF LIABILITY
The Customer agrees that, to the maximum extent permitted by applicable law, they will not hold the Company or its licensees, agents, employees, executives, and/or third-party vendors liable for any indirect, incidental, special, consequential, or punitive damage whatsoever, including damages for lost profits, cost savings, revenue, business, data, or use, or any other pecuniary loss by the Customer or any other third party.
In no event will the Company be liable to the Customer in the aggregate with respect to any and all breaches, defaults, or claims of liability under this document or under any document greater than the exact monthly fee paid by the Customer to the Company preceding a claim giving rise to such liability. Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damage. The Customer agrees that in those jurisdictions, the liability of the Company will be limited to an amount not greater than the exact monthly fee paid as per the hosting plan used.
The Subscriber agrees to defend, indemnify, and hold Himalayan Host, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers, and employees of each harmless from and against any and all claims, losses, damages, liabilities, and costs arising out of or relating to the Subscriber's breach of any of these Terms or use by the Subscriber or any third party of the Services, except to the extent the foregoing directly result from Himalayan Host's own gross negligence or willful misconduct. Himalayan Host reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Subscriber.
MONITORING AND DISCLOSURES
All activities occurring on, in, and/or via the Services or any website hosted by Himalayan Host may be monitored, recorded, and examined by any authorized person, including law enforcement. Himalayan Host does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms, except when and if Himalayan Host becomes aware of any violation of these Terms. In the event of any violation of these Terms, Himalayan Host may take any lawful action to stop or correct such violation.