This document (the “Agreement”) sets forth the principles, guidelines, and requirements of the Terms of Service of our primary company italyserverhosting.com, and its sister consults branch Onlive Server Pvt Ltd. (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability, and privacy of the Company’s facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry and implements the following policies in the best interests of its own and its clients. It retains the right to modify these Terms of Service at any time and from time to time. Any such modification shall be automatically effective as to all customers when adopted by Company and published at Company shall be the sole and final arbiter as to the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.

Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. He/She shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customers may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, he/she must contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

1: – General

Under all of the company’s services, pornography and merchandise linked to it are forbidden. This includes websites that include connections pointing to other pornographic materials. Additional instances of inappropriate content or connections include gaming rooms or MUDs, IRC Bots, IRC, Egg Drop programs, “hacker” programs, anonymous/public proxies, proxy services, archives of “Warez Sites,” any type of unlawful software, shareware, or pirated software. Furthermore, it is forbidden to use websites that provide online gambling, casino features, offshore sportsbook betting, or online lotteries.

The installation or distribution of “pirated” software or other software products that are not properly licensed for the customer’s use are examples of violations of the rights of any person protected by copyright, trade secret, patent, or other intellectual property, or by comparable laws or regulations. Using or hosting any type of online booking system, IRCTC, government-related website, or finance-related website on our servers, whether locally or online, will be deemed a violation of our terms and conditions. If we determine that it is necessary, we will also take legal action without offering a refund. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.

2: – System and Network

  • Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
  • Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
  • Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
  • Circumventing user authentication or security of any host, network, or account.
  • Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
  • Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
  • Creating an “active” full-time connection on a Company-provided account by using artificial means involving software, programming, or any other method.
  • Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing, or in any way modifying or tampering with Company created log files.
  • Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
  • Any action which the Company deems to be an unacceptable use of resources, business practice, or otherwise unacceptable to the Company.
  • IP geolocation databases can be incredibly useful, but the accuracy of each provider varies. ARIN is the source most IP address providers use, but IP assignments can change regularly as IP addresses are released and acquired. Companies can assign IP addresses to their users however they want and with little regard to geographic boundaries, making it hard to pinpoint a specific IP address’s exact location. Consider carefully when picking a data source since the accuracy of IP geolocation data differs between providers.
  • We are currently in the “maxmind , ipip , ip2location “” these three mainstream database update IP location. So other providers data may vary due to no updation of details on time. So any other database providers data may not be considered for IP geolocation.

3: – Mail

  • Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”).
  • Sending UCE referencing an email address for any domain hosted by the Company;
  • Sending UCE referencing a domain hosted by the Company;
  • Sending UCE referencing an IP address hosted by the Company;
  • Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;
  • The Company will be the sole arbiter as to what constitutes a violation of these provisions.
  • Harassment, whether through language, frequency, or size of messages.
  • Unauthorized use, or forging, of mail header information.
  • None of our servers come with Port 25 open except if bulk mailing server or any specific requirement with port 25 required with conditions before placing order with our sales executive.
  • Solicitations of mail for any other Email address other than that of the poster’s account or service with the intent to harass or to collect replies.
  • Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
  • Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
  • Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
  • Customers will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.

4: – Customer Support

The Company promotes a mutually professional relationship with its customers. Abusive, threatening, obscene, or otherwise harassing communications with agents of the Company, via telephone, email, online chat, or other means will result in immediate account termination notwithstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility. Abusive or critical remarks with regard to any religion, community, gender, or any other sensitive topic If our server is found to be used for the above purposes, we will terminate the service immediately without any warning and without offering any refund or credit back. Further, if any such case is detected the responsible person will be required to provide clarification if requested.

Payment Gateway Fees: All international payment gateways, Indian payment gateways, PayPal, or any other payment gateway will incur payment gateway fees. These fees need to be borne, either partially or fully, by the user. Bank transfers are exempt from this policy. Payment and Tax Credit Policy for Indian and UAE Users.

5: – Indian Users (italyserverhosting.com):

Invoices for users registered in India will be generated by italyserverhosting.com and will include an 18% GST.
To be eligible for GST credit, payments must be made directly to Onlive Server Pvt. Ltd., India bank account or through an Indian payment method, such as UPI, Debit Card, or Credit Card via an Indian Payment Gateway. The payment must originate from an Indian bank account and be in the name of the company claiming the GST credit.

6: – UAE Users:

Currently, VAT is not applied due to the absence of a VAT registration number. However, VAT will become applicable once registered.
To receive VAT credit when it is introduced, UAE users must make payments from a UAE-based account via an International Payment Gateway such as Stripe, PayPal, or through bank account transfers to Italyserverhosting.

7: – User Responsibility:

It is the user’s responsibility to verify the company name and applicable tax amount while placing orders. Correct details are essential for eligibility for tax credits.
If there is any mistake in the order placement or registration details, users must notify us within 12 hours via a support ticket. Failure to do so will result in the invoice details not being updated, potentially leading to the loss of tax credits. The company is not liable for such user errors. This policy ensures that tax credits are granted only when payments meet the specified requirements for each jurisdiction. Please make payments accordingly to benefit from tax credits.

Payment Verification and Email ID Policy

PayPal Payments:

If a payment is made using PayPal from an email address different from the one registered in the client area, the user must provide a reason for this discrepancy. This ensures consistency and security in our records.

Purchasing for Another Person:

If a user purchases services on behalf of another person, they must provide proof of authorization. This should be an email from the person whose email ID is used for the payment, granting permission to make the purchase. This email must be sent to [email protected].

If a user uses another person’s account to make a payment for their own service, they must obtain authorization from the account holder. An authorization email must be sent from the payee’s account email ID to [email protected]. Failure to provide this authorization will result in the ineligibility to receive the service, as well as any refunds or credit back under our policy.

Non-Compliance: – In cases where the above conditions are not met, services will not be activated. Additionally, the user will not be eligible for any refunds or credit back under our policies. This policy is designed to protect against unauthorized transactions and ensure that all payments are properly documented and authorized.

Indemnification of Provider/Relationship of Parties

  • Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
  • Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.

Security/Software

  • Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
  • Customer agrees not to attempt to undermine or cause harm to any server, software, system, or customer of the Company.
  • Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
  • Uploading a virus to a Company server will result in account termination, service charges, and/or prosecution.
  • Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.

LIMITATION AND EXCLUSION OF LIABILITY

In no event shall Onlive Server Pvt. Ltd. (the company) have any liability whatsoever for damage, unauthorized access to, alteration, theft, or destruction of information provided to the company, distributed or made available for distribution via the services. The company and its sister consults branch shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if they have been advised of the possibility of such damages. In any event, the liability of the company, to you for any reason and upon any cause of action shall be limited to the amount actually paid to it, by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by the company, under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release Onlive Server Pvt Ltd, from any and all obligations, liabilities, and claim in excess of the limitation stated in this section

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.

Interruption of Service: – You hereby acknowledge and agree that Onlive Server Pvt. Ltd., will not be liable for any temporary delay, outages, or interruptions of the Services. Further, the company shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

Maintenance: – You hereby acknowledge and agree that Onlive Server Pvt. Ltd., reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. The company will use its best efforts to notify you of pending maintenance however at no time is it under any obligation to inform you of such maintenance.

Backups and Data Loss: – Your use of Onlive Server Pvt. Ltd’s servers and services is at your sole risk. The company is not responsible for files and/or data residing on your Server. While backups may be provided by the Company, You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your server and agree that it is your own (the Customer’s) responsibility to take backups of data residing on your server.

Violation: – Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges, or a combination thereof.

If any client is in any way disrespectful or abusive toward the Company’s staff in any manner, we have full right to remove them from our services without any refund.

Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information, and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.

The Customer and the Company further agree that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

Disclaimer

Use of the company’s services and products is at the customer’s sole risk. Neither the company nor its employees, agents, resellers third-party information providers, merchants licensers, or the like, make any warranties, including any implied warranties of merchantability or fitness for a particular purpose, that the company’s services and products will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the company’s services and products or as to the accuracy, or reliability of any information service or merchandise contained or provided through the company’s service, unless otherwise expressly stated in this agreement. This includes loss of data, whether resulting from delays, at deliveries, wrong delivery, and any and all service interruptions caused by the company and its employees or other causes.

Refund and Cancellation Policy

  • HTTP injector is not allowed any of our services. If HTTP injector is detected on user service, service will be cancelled and not eligible for refund.
  • All dedicated servers will be delivered within 3 to 5 working days and sometimes may take longer for longer, we will adjust the billing cycle.
  • If any user raises the cancelation request before 7 working days, user is not eligible for refund or credit back policy as we do not offer refund or credit back guarantee on dedicated servers.

Refund Policy

  • All refunds are at the sole consideration of Italyserverhosting, including fees associated with primary services, additional features, and any setup fees previously charged.
  • We do not allow spamming, bulk mailing from any of our service except bulk mailing server.
  • Linux OS: None of the available Linux OS versions come with a GUI (Graphical User Interface). This includes all versions of Ubuntu OS. They are provided in a non-GUI form only.
  • Windows OS: Only Windows OS is available in a GUI form, which allows for RDP (Remote Desktop Protocol) access.
  • Our refund or credit back policy does not cover the availability or functionality of the GUI for any OS.
  • If any user associated in these suspicious activities their services will be suspended or may get terminated and not able to recover the service it is user sole responsibility to monitor the use of service and user for the same reason may not eligible for refund policy.
  • There is no credit back or refund policy applicable on renewal payment, whether renewal payment has been made on or before or after the due of service.
  • None of our servers comes with IPv6.
  • Customers are able to take two Addon IPS under basic plan and three addon IPS under Premium and Enterprise plan ,In starter plan there is no addon IP available. Due to the limited availability of IPs you must justify the reason for taking the Addon IPs.
  • Once an order has been placed it cannot be changed if user wants to change the location of order user has to pay for it and not eligible for credit back policy.
  • If you want to change it will cost additional charge and only available on valid reason and availability of IP pool.

Cancellation

Italyserverhosting has the right to terminate clients’ services at any moment. There will be no reimbursement if the services are discontinued for any reason that violates the policy. Customers can use the client site or email to cancel their purchase and services in accordance with the terms of their contract or service level agreement. At the conclusion of a billing period, they could also want to cancel the order. When a client violates the terms of service or refuses to pay the costs even after receiving the bills, Italyserverhosting promptly cancels the account. Clients will not get any prior notice or alerts in such circumstances.

Italyserverhosting retains the exclusive right to remove all customer data associated with its hosting without giving any prior notification if an account is suspended or canceled for no reason other than nonpayment. The Italyserverhosting Client area is where cancellation requests must be made. On the official website, choose “Request Service Cancellation.”