Account Setup / Email on file :

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

TRANSFERS :

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your signup date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

CONTENT :

All services provided by Nayana Group may only be used for lawful purposes. The laws of the India goverment apply. The customer agrees to indemnify and hold harmless Nayana Group from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@ctrlshost.com with the information required. If the request is of a licensing issue, we may require further documentation. Examples of unacceptable material on all Shared and Reseller servers include:Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Torrents (Download / storing / sharing )
• Large file FTP downloads/ sharing / publishing
• Broadcast or Streaming of Live Sporting Events ( CRICKET (ICC) , IPL, UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Tell A Friend Scripts
• Sharing of Large files (softwares / videos / games / )for downloads to (own/anonymous)
• Bitcoin Miners
• Anonymous or Bulk SMS Gateways

BANNED SCRIPTS :

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

• IRC egg drops
• Proxy servers
• Mail bombers
• Anonymous mailers
• IP spoofers
• Port scanners
• Hivemail
• Telnet or SSH Access Scripts
• nph-proxy (and other scripts what operates like proxy)
• UBB (Ultimate Bulletin Board, all versions)
• lstmrge.cgi
• phpShell
• FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

RESELLERS :

we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

ZERO TOLERANCE SPAM POLICY :

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

DATA USAGE :

The storage should not be used for any kind of backup/archiving/ Image hosting/ Filesharing other than website backup limited to 2 copies of backup files. Too many files not related to your website working/production shall also be treated as backup and the account will be liable for suspension of the service.

PAYMENT INFORMATION :

You agree to supply appropriate payment for the services received from Nayana Group, in advance of the time period during which such services are provided. You agree that until and unless you notify Nayana Group of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of Nayana Group, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Nayana Group provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@Ctrlshost(dot)com

BACKUPS AND DATA LOSS :

Your use of the service is at your sole risk. Nayana Group is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Nayana Group servers.

CANCELLATIONS AND REFUNDS :

Nayana Group reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: ->Western Union Payments ->Checks ->Money orders There are no refunds on dedicated servers, administrative fees, Ip address, install fees for custom software, or domain name purchases . Refund requests is for shared and reseller accounts only and before the initial 30 days. Only first-time accounts are eligible for a refund. For example, if youve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy. Any Data Loss occured due to server crash will be refunded fully (Amount paid on the invoice) excluding the Domain name registration, SSL certificates, IP address, Dedicated servers

RESOUCE USAGE :

User may not: Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

INODES :

The use of more than 75,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 75,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, attachments, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

BACKUP / RECOVERY LIMIT :

Any shared account using more than 5 gigs of disk space will be removed from our off site weekly backup. All data other than skipped (accounts eligible for backup- less than 5 GB in total) will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure. Recovery All our shared/ Reseller Servers backup are taken as Image and not as file backups. Recovery of a single account on that server is not possible, and Only a complete machine can be restored to a previous working state. If you require a account backup you need to contact our sales team to get your account backed-up as per to your requirement with a minimal charges involved.

BANDWIDTH USAGE :

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

MONEY BACK GUARANTEE :

On dedicated servers ,Colocation and VPS , Cloud, Domain name registration no refund will be honored — the 45 day money back guarantee does not apply for these services. We reserve the right to refund a prorated amount or no refund at all. Sites that promote/Does downloading of file (large files) for there use or public use that causes the shared server load will be suspended with /without intimation are not eligible for refund. Each of Nayana Group managed shared and reseller servers carry a 30 day money back guarantee on them except accounts Terminated/ Suspended accounts due to Violation of this TOS. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared or reseller packages and does not apply to dedicated servers,VPS, cloud, administrative fees, install fees for custom software, or domain name purchases. All refunds are processed in 21 working days (Mon-Sat). Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

UPTIME GUARANTEE :

If your shared / reseller server has a physical downtime that is not within the 99.9% SLA uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Nayana Group dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitors network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@Ctrlshost.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

RESSER: CLIENT RESPONSIBILITY :

Resellers are responsible for supporting their clients. Nayana Group does not provide support to our Resellers Clients. If a resellers client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Nayana Group will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

SHARED (NON-RESELLER ACCOUNTS) / SEMIDEDICATED / CLOUD SERVERS :

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

DEDICATED SERVERS :

Nayana Group reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Nayana Group reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@Ctrlshost.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

PRICE CHANGE :

The core amount you pay for hosting will never increase from the date of purchase. The service tax may vary based on the announcement of Indian Govt. We reserve the right to change prices listed on Ctrlshost.com, and the right to increase the amount of resources given to plans at any time.

DISCLAIMER :

Nayana Group shall not be responsible for any damages your business may suffer. Nayana Group makes no warranties of any kind, expressed or implied for services we provide. Nayana Group disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Nayana Group and its employees. Nayana Group cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Nayana Group are resold. Thus, certain equipment, routing, software, and programming used by Nayana Group are not directly owned or written by Nayana Group. Moreover, Nayana Group holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Nayana Group sees fit. FURTHERMORE, Nayana Group retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.