Terms of Service

InstantRDP provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of InstantRDP are subject to the following terms of service:

1. INDEMNIFICATION POLICY

You agree to use all InstantRDP services and facilities at your own risk. InstantRDP specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall InstantRDP be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold InstantRDP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against InstantRDP, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless InstantRDP against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with InstantRDP's server.

InstantRDP reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from InstantRDP's server. InstantRDP shall be the sole judge of what violates this Policy.

2. BILLING:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan.

We accept payments via many payment gateways including all cards like Visa, Master Card, American Express, Discover Card. Clients are encouraged to pay by Alertpay or Paypal as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

We periodically send Payment Reminder Emails to all clients.
Invoice Unpaid Reminder : 5 days before the invoice due date.
First Overdue Reminder : 1 day after the invoice due date
Second Overdue Reminder : 3 days after the invoice due date
Third Overdue Reminder : 5 days after the invoice due date

2.1 LATE PAYMENTS AND LATE FEES:

All accounts are billed according to the dates they were first activated on. We generate all invoices 10 days before the due date.
If you will not pay for service on your due date, your account will be suspended on the next day of your due date.
If you will not pay for service renewal in 10 days after your due date, your account will be terminated. All data will get deleted and the server space will be re-used for some another client.

All client's are subject to late fees charges if they fail to pay for service renewal in 5 days after your due date. Currently, we charge Late Fee as 5% of the invoice total amount (minimum $0.50 USD).

3. REFUND POLICY:

No refunds will be given for domain registrations and web designs. Refunds policy is only valid for hosting services. We offer unconditional 24 hour full moneyback guarantee.
If you are not satisfied with our services and wish to cancel your service, you must submit your cancellation request within first 24 hours once your product is delivered to you.
(For some special offers the money-back-guaranteed day may be varied)

·  All payments will become non-refundable after 24 hours of account activation period. This includes any one time setup fee and subsequent charges regardless of usage.

·  All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. You can NOT open any dispute to paypal, your card issuer or any other third party. If you do so, your account will be terminated immediately. Your Refund request will be cancelled and No refund will be provided.

·  24 hours money back guarantee is not applicable for dedicated server, domain Registrations & any product like license, upgrade, additional IP, KVM etc. and they are NOT refundable.

·  Payments for Upgrades, Addons, Setup fees and Domain Registrations are NOT refundable.

·  We reserves our right to deny a refund request or provide a partial refund.

·  Only One Refund is applicable per client. Once a client has been refunded for one of his services, he can NOT claim for refund on another services.

·  Any Credit balance in Client's Area is NOT eligible for refund. It can only be used for purchasing services at our website.

·  All Cash Payments made to our bank are non-refundable, and refunds will be posted as credit to the client's account.

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.

ACCEPTABLE USAGE POLICY:

All services provided by InstantRDP may be used for lawful purposes only. The laws of the Indian Government apply. Transmission, storage, or presentation of any information, data or material in violation of any Indian Country, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless InstantRDP and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

The following acts will be considered violations of the AUP:

4.1 Illegal Use
includes, but are not limited to:

·  Using the service in any way which violates Indian, State, Local, or International law.

·  Transmitting copyrighted material without authorization from the copyright holder

·  Violating export control regulations

·  Copyrighted media, without authority to distribute or display

·  File Storage/Image Hosting/File Repository/Streaming/Backup

· Child pornography or kidnapping material
4.2 Malicious Activity
includes, but are not limited to:

·  Willfully interfering with the regular operation of the Service

·  Attempting to access any unauthorized system or services

·  Hosting any deceptive material for the purposes of phishing

·  Running any password cracking software

·  Virus/Virii, Spyware, Malware, or other infectious material

·  Running root exploit kits against other servers

·  Distributing viruses, worms, or trojan horses

·  Forging or misrepresenting message headers in whole or in part

·  Scanning networks

·  Threatening or encouraging bodily harm or destruction of property

·  Violating of the rights of privacy or publicity of an individual
4.3 Promotion of Illicit Activity
includes, but are not limited to:

·  Any activities prohibited by Indian, State, Local, or International law

·  Any activities which result in the spread of computer viruses or other damaging programs or data files

·  Any activity or Material protected by trade secret or other statute

·  Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation

·  Terrorist propaganda, racist material, or bomb/weapon instructions

·  Hacking, Cracking programs or key generators

·  Gambling

·  Circumvention of copyright or patent protection

·  Exposure of any trade secret
4.4 Unsolicited Bulk Electronic Mailing
includes, but are not limited to:

·  Transmitting any unsolicited commercial e-mail

·  Transmitting any unsolicited bulk e-mail

·  The Subscriber agrees to send bulk electronic mail only to those who have specifically requested to receive such mail and comply with all Indian, State, Local, and International laws governing the transmission of electronic mail.
4.5 Spamvertising and Related Activities
includes, but are not limited to:

·  Posting commercial, political, or advertising posts to public forums

·  Issuing unsolicited trackbacks for the purpose of promotion

·  Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing

·  Hosting a destination site linked from Unsolicited Bulk Electronic Mailing
4.6 Abuse
includes, but are not limited to:

·  Consistent overuse of shared resources to the detriment of other Subscribers

·  Operating an open proxy server or using the Service as part of a proxy network

·  IRC and associated programs

·  Scripts commonly used for abuse, attacks, or flooding

·  Threatening, harassing, or obscene content

·  Any proxies which do not require authentication (including open or unprotected anonymous web surfing/mail proxies etc.)
4.7 Insufficiently-Secure Administration
includes, but are not limited to:

·  Use of a null password, dictionary word as password, or any other form of authentication lacking reasonable secrecy from a third party as part of a root or user-level authentication scheme

·  Allowing an unauthorized third party to establish root access to Service provided by the Service Provider

·  Allowing an unauthorized third party to establish user-level access to Service provided by the Service Provider

·  Operating an open mail relay
4.8 Miscellaneous

·  Operating an Internet Relay Chat (IRC) server

·  Denial of Service Attacks (DOS/DDOS)

·  Unnecessary Port Scans

·  Mail Bombing

·  Excessive CPU Load

·  Abusing Server Resources

The client make sure

·  NOT to 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.

·  NOT Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

·  NOT Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

·  NOT Run any software that interfaces with an IRC (Internet Relay Chat) network.

·  NOT 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.

·  NOT Participate in any file-sharing/peer-to-peer activities

·  NOT Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

·  NOT Run cron entries with intervals of less than 15 minutes.

·  NOT Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

·  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")

·  To help reduce usage, do not force html to handle server-side code (like php and shtml).

·  Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

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.

Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the our 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.

Websites Distributing Copyrighted Music, Games, Mobile Apps, General Applications or any third-party paid Softwares 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.

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.

4.7 Banned Scripts and programs:

The following scripts and programs 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/Scripts/Bots

·  Proxy Servers/Scripts/Anonymizers

·  Mail bombers

·  Anonymous mailers

·  IP and Port spoofers/Scanners

·  Hivemail/Mailer Pro

·  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.

·  Pirated Software/Warez

·  Image Hosting Scripts (similar to Photobucket or Tinypic)

·  AutoSurf/PTC/PTS/PPC sites

·  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

·  Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

·  Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

·  Child pornography

·  Anything that sends unsolicited/Junk/spam emails
We allow torrent activities from Private Trackers only. We never allow any of our client to use public tracker for any kind of torrent activties including leeching or seeding etc. If some client use any public tracker, he does so on his own risk and we will immediately suspend such accounts if we get any kind of complaint regarding that torrent/IP/Account.

5. SERVICE REACTIVATION CHARGES

Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged $2 to $5 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receival of Service Reactvation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client's account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client's account due to breach of ToS/AUP etc.

6. ABUSIVE CLIENTS

InstantRDP, may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to;

·  Verbal abuse – cursing, yelling, threatening, etc.

·  Ongoing disregard for warnings or notices

·  Consistent mistakes/errors/changes causing unnecessary workload

·  Spamming our email addresses, ticket systems, or servers

·  Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage

·  Consistent late payments or responses

·  Issuing a chargeback or bouncing a payment

·  Continuous activation of problematic end-users

·  Activity which affects the service(s) of other clients

·  Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team

·  Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan

7. BACKUPS and DATA LOSS

Your use of this service is at your sole risk. We don't provide any kind of backups system/service. You must take your own backup manually by yourselves. We are 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 our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.

8. PRICE CHANGE

The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.

9. Changes to the TOS

We reserves the right to revise its policies at any time without notice.

10. LIMITATION OF LIABILITY:

InstantRDP shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from InstantRDP servers going off-line or being unavailable for any reason whatsoever. Furthermore, InstantRDP shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of InstantRDP servers. All damages shall be limited to the immediate termination of service.

11. DISCLAIMER:

InstantRDP 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 InstantRDP are resold. Thus, certain equipment, routing, software, and programming used by InstantRDP are not directly owned or written by InstantRDP. Moreover, InstantRDP 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 InstantRDP sees fit. FURTHERMORE, InstantRDP retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.


The total aggregate liability of the service provider to customer shall be limited to the amount paid to the service provider by customer hereunder during the pre defined timelines immediately preceding a claim in which the service provider is liable to customer. in no event shall the service provider be liable for any indirect, special, exemplary, punitive, incidental or consequential damages, loss of profits or loss of business, regardless of whether such damages are based upon breach of contract, tort, or otherwise, even if the service provider has been advised of the possibility of such damages and even in the event of the failure of an agreed upon remedy. The service provider provides the service on an "as is" basis and without any warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability or fitness for a particular purpose.

 

By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement. If you don't agree to these services, either don't purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.
Last Update Date : March 5, 2012