The use of services from CueHosting.com ( Operating in India as Cue Hosting ) [hereafter referred to as "Cue Hosting"] constitutes agreement to these terms. You may view our Privacy Policy here.
1.) 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) in case 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. If you have a domain name registered with Cue Hosting, it is your
responsibility to ensure that the contact information for your domain account
and your actual domain name(s) is correct and up-to-date. Cue Hosting is not
responsible for a lapsed registration due to outdated contact information being
associated with the domain. If you need to verify or change this information,
you should contact our sales team via email. 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.
Please note that your signup date would be your billing date for recurring payments in case of bank deposits or delayed payments. For example, if you have signed up on the 2nd day of the month and did not pay for 8 days, the billing system would still generate your next invoice on the 2nd of the next month even though your account would be setup only after the payment has been received for the service. So we urge you to make payments without delay when using offline payment methods to avoid account setup delays.
2.) Content
All services provided by Cue Hosting may only be used for lawful purposes. The
laws of the Indian Government apply.
The customer agrees to indemnify and hold harmless Cue Hosting 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. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting and the account won't be eligible for refunds. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Adult Websites Hosting X rated content including photos, videos, streams and links are not allowed by law on the Indian Servers. You may sign up with Cue Hosting if you wish to host legal adult content on your site. Hosting such content on the Indian servers would result in termination of your services without notice and the account won't be eligible for refunds of any kind due to the nature of the offence being serious.
Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the Indian servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers.
WAP Websites Distributing Copyrighted Music, Games, Mobile Apps, General Applications or any third-party paid Software’s are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.
Examples of unacceptable material on all Shared and Reseller servers include:
Examples of unacceptable material on all Dedicated servers include:
Cue Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. Cue Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Cue Hosting system(s) constitutes 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 must be with expressed written consent from the third party. Cue Hosting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Sites hosted on cuehosting.com's service(s) are regulated only by Indian law.
If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
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.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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 user name and password. It is required that you 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/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and purchased lists will be treated
as spam. Any user who sends out spam will have their account terminated with or
without notice.
Please read http://www.cuehosting.com/mailpolicy.php for our generalized mail policy.
Please read http://www.cuehosting.com/dedicated-mailpolicy.php for our dedicated server mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, 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.
Cue Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Cue Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Cue Hosting.
4.) Payment Information
You agree to supply appropriate payment for the services received from Cue Hosting,
in advance of the time period during which such services are provided. You
agree that until and unless you notify Cue Hosting 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 cancelled. 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 Cue Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Cue Hosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Cue Hosting. Cue Hosting reserves the right to bill your credit card or billing information on file with us. Cue Hosting provides a 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to Cue Hosting for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at [email protected] after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Cue Hosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at [email protected] for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
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 [email protected]
Cue Hosting reserves the right to change the monthly payment amount and any other charges at any time.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran on
Sunday or a weekend day of each week, overwrites any of our previous backups
made, and only one week of backups are kept. This service is provided to you as
a courtesy. Cue Hosting is not responsible for files and/or databases residing
on your account. You agree to take full responsibility for files and databases
transferred and to maintain all appropriate backup of files and databases or
any other form data stored on Cue Hosting servers.
6.) Cancellations and Refunds
Cue Hosting reserves the right to cancel, suspend, or otherwise restrict access
to the account at any time with or without notice.
It is the client's responsibility to maintain decency and politeness when communicating with our staff irrespective of any issues you have. Each of our communication channels are monitored with proper logs to trace any staff abuse by clients including verbal abuse using our phone system. We reserve the right to suspend or terminate your services without notice if you are found guilty of this offence. No refunds will be made in such cases irrespective of your signup date.
Customers may cancel at any time via a cancellation form. Cue Hosting gives you a 7 day money back guarantee on managed shared hosting, and reseller of both game & web hosting solutions for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 7 days for Shared and Reseller accounts of both Game and Web hosting will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 7 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is cancelled.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
There are no refunds on dedicated servers, SSL certificate, administrative fees, install fees for custom software, domain name purchases or any other addons. Refund requests for shared and reseller accounts after the initial 7 days will be refunded on a prorated basis of any unused time.
VPS Semi-annual packages are not eligible for refunds. Any amount paid towards these packages can only be adjusted across for upgrades to higher lever VPS plans of dedicated servers
Only first-time accounts are eligible for a refund. For example, 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.
Customers signing up for the sole purpose of getting a refund would be classified as people misusing our refund policies. We have found out that people suspended on other hosts for resource abuse/spam etc. signup under the Money back guarantee and try to overload our servers too. This is against the TOS and as below, no refunds will be issued in such cases. Also such people just need a place to dump their data at times and just misuse the refund policy for temporary hosting. We will evaluate if such misuage was done before processing any refunds on all accounts. Accounts found guilty would not be entitled for a refund.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
1) Use 25% or more of system resources for longer than 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on
shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942,
etc on web hosting servers.
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed
appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like
php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting
communications is noticeably more CPU-intensive than unencrypted
communications.
7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially
result in a warning first, and if no action is taken future suspension.
Accounts found to be exceeding the 100,000 inode limit will automatically be
removed from our backup system to avoid over-usage, however databases will
still be backed up. Every file (a webpage, image file, email, 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.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from
our off site weekly backup with the exception of Databases continuing to be
backed up. All data will continue to be mirrored to a secondary drive which
helps protect against data loss in the event of a drive failure.
8.) 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.
9a.) Money back Guarantee
On dedicated servers no full refund will be honoured -- the 7 day money back
guarantee does not apply. We reserve the right to refund a prorated amount or
no refund at all.
Each of Cue Hosting's managed shared, VPS, and reseller servers carry a 7 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 7 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, SSL certificate, administrative fees, install fees for custom software, domain name purchases or any other addons.
Cue Hosting will not activate new orders or activate new packages for customers who have an outstanding balance with Cue Hosting. For a new order to be setup or a new package to be activated, you must have a balance of Rs.0.00, unless otherwise stated by Cue Hosting in writing.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the
99.9% uptime you may receive one month of credit on your account. Approval of
the credit is at the discretion of Cue Hosting dependent upon justification
provided. Third party monitoring service reports may not be used for justification
due to a variety of factors including the monitor's 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
[email protected] 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.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Cue Hosting does not
provide support to our Reseller's Clients. If a reseller's 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'. Cue Hosting will hold any reseller
responsible for any of their clients actions that violate the law or the terms
of service.
11.) Shared (non-reseller accounts) / Semi dedicated
Servers
Shared accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semi-dedicated servers are not
backed up. You must maintain your own backups.
12.) Dedicated Servers
Cue Hosting 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 datacentre. 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. Cue Hosting
reserves the right to audit servers as needed and to perform administrative
actions at the request of our datacentre. 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 simplest solution. Please contact [email protected] if
you wish to obtain a secondary hard drive. It is your responsibility to
maintain backups.
13.) Price Change
The amount you pay for hosting will never increase or decrease from the date of
purchase. We reserve the right to change prices listed on cuehosting.com, and
the right to increase the amount of resources given to plans at any time.
14.) Coupons
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. Coupons or discounts are only valid
towards the initial purchase, and do not affect the renewal or recurring price.
15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Cue Hosting
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Cue Hosting, its agents,
its customers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product sold by
customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Cue Hosting against liabilities arising out of; (1)
any injury to person or property caused by any products sold or otherwise
distributed in connection with Cue Hosting; (2) any material supplied by
customer infringing or allegedly infringing on the proprietary rights of a
third party; (3) copyright infringement and (4) any defective products sold to
customers from Cue Hosting's server.
15b.) Arbitration By using any Cue Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against Cue Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Cue Hosting's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
16.) Disclaimer
Cue Hosting shall not be responsible for any damages your business may suffer. Cue Hosting
makes no warranties of any kind, expressed or implied for services we provide. Cue Hosting
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 Cue Hosting and its
employees.
17.) Disclosure to law enforcement
Cue Hosting may disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful request
from such agencies. We will cooperate fully with law enforcement agencies.
18.) Downgrades
Account downgrades are charged at INR 500/- plus service tax. Account
downgrades are also not eligible for free transfers. Data transfer charges are
applicable based on the size of data when accounts need to be moved between
servers during downgrades.
19.) Changes to the TOS
Cue Hosting reserves the right to revise its policies at any time without
notice.