Important Legal Agreements
Energetic Host 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 Energetic Host are subject to the following terms of service:
Billing & Refunds
Services offered by Energetic Host Does not have any Refund Policy Due to nature of hosting industry and the costs involved with provisioning and maintaining your Service.
We accept PayPal,PerfectMoney,PayGol,Internation Credit/Debit Cards,Crypto Currencies,Net Banking,Cards,IMPS,UPI Payments. There is no Minimum Contract Periods for any plans. In Case of any Disputes We are unable to offer any refunds its your responsibility to check our Services in the validity you buy for then decide wheather to continue or not. Due to the nature of Business and service maintaince we don't offer any refunds, so all the sales made from Energetic Host are final.
Acceptable Usage Policy
A. Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures ,Livechat/Chat Scripts,Download sites(Pirated softwares), Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities,Flash Games or Online Gaming Sites,Movie's,MP3 Songs,File hosting. No refunds will be given. But In our offshore hosting plans you can do anything.
B. We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers 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. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. No refunds will be given.
C. 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 terminated immediately without notice. We will also report this to the appropriate authorities. No refunds will be given.
D. 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. No refunds will be given.
E. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. No refunds will be given.
F. 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.
Zero Tolerance Spam Policy
A. 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. No refunds will be given.
B. Mailing Policy and Limits: Sending Bulk mails are not allowed on our server,Per cPanel account can send 100 Mails. If any accounts seems to be spamming it will be suspended with or without any notice (Only for shared,reseller,master reseller packages)
C. Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed. No limit to the number of outbound emails.
D. Mailing Lists Rules: Anytime you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you are using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under Fantastico DeLuxe. If you do not throttle and you try sending let's say 60 emails the server will try sending all 60 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server. No refunds will be given.
E. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it, this is spam and will result in termination of the offending account. No refunds will be given.
F. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail. No refunds will be given.
* Backups and Data Loss Your use of the services rendered is at your sole risk. Energetic Host 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 backups of files and data stored on Energetic Host servers. Your server may or may not have automatic backups installed. Servers that have automatic backups are generally done on Sunday. Backups can be made through cPanel.The Daily/Weekly Backup we offer is just an complementary So kindly have a copy of your files for safty purpose.
Resource Usage (Not allowed)
A. Customer (you) 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.
B. Any account is not allowed to use average system resources (CPU, RAM, MySQL) more than 2% in 24 hours cycle.
C. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
D. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
E. Run any software that interfaces with an IRC (Internet Relay Chat) network.
F. Run any bit torrent application, tracker, or client.
G. Participate in any file-sharing/peer-to-peer activities.
H. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc... (dedicated servers do not apply)
I. Run cron entries with intervals of less than 15 minutes.
J. 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")
K. Media hosting (i.e. audio , video etc), Backup hosting, Adult content hosting , Online Forum etc are strictly prohibited.
Our Transfers Team will make every effort to help you move your website to us, however, transfers are provided as a courtesy service. We do not make any 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. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Energetic Host be held liable for any lost or missing data or files resulting from a transfer to or from Energetic Host. You are solely responsible for backing up your data in all circumstances.
1. Uptime The uptime of a server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services.Energetic Host cannot 100% gaurantee the uptime status of any server for many factors which may include but not limited to updates to software, malicious or intentional activities, hardware failure, acts of God defined as conditions beyond our (Energetic Host and/or our vendors that provide equipement or services to us) control that interupts services at a facility.
3. Price Change The amount you pay for hosting will never increase from the date of purchase for the term of contract (if said contract exists and is validated by Energetic Host). Energetic Host reserves the right to change prices for services at any time. Furthermore, we reserve the right to change prices listed on Energetic Host, and the right to change the amount of resources given to any plan at any time.
4. Disclaimer Energetic Host shall not be responsible for any damages your business may suffer.Energetic Host makes no warranties of any kind, expressed or implied for services we provide.Energetic Host 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 Energetic Host and its employees.
Disclosure to law enforcement Energetic Host 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.
Fair Usage Policy
1. Unlimited disk space and bandwidth means there is no set limits on our packages.
Energetic Host want you to have the resources you need to build your site without any limits.
But, however we do need to make sure we continue to provide a full active service to all our customers.
As such we do require all customers to be fully compliant with our Fair Usage Policy and Terms and Conditions.
Customers on unlimited hosting packages this includes but not limited to shared hosting packages.
As a customer of Energetic Host you agree to be subject to the following fair usage policy:
The account will be primarily used for the purposes of web hosting. Unacceptable use include, but are not limited to,
large file storage and making downloads of large files such as but not limited to media files, zipped folders and programme files.
File downloads are permitted, but only in the context of a functioning website.
The hosting account may not cause problems with performance of other hosting accounts hosted on the same server by making excessive demands on the resources of the server.
This includes, but is not limited to, the CPU usage required to perform data processing on the account for the purposes of taking backups and other administrative tasks as well as the CPU usage required to actually serve the site on the hosting account.
As a customer you agree that Energetic Host will be determining whether an infringement of this 'fair use' policy has occurred. Wherever possible,
Energetic Host will propose alternative hosting arrangements should an infringement of this policy occur.
These may include, but are not limited to, moving to a hosting plan with quoted disk space and bandwidth limits.
If we identify an account that is not in compliance with our Fair Usage Policy or that has the potential to negatively impact the performance of our server,
we will be required to temporary suspend the account. If this happens we will work with the customer in order to resolve the issue as quickly as possible.
2. Unlimited Disk is to host websites, it's not a cloud storage service to store or backup your mobile/computer/media/files or any kind of backup storage, for such storage you must use a VPS or Dedicated Server.
3. Every cPanel will be allocated with 100% CPU,RAM : Upto 1GB,IO & IOPS : Upto 1 GB.In Shared environment the sites should maintain the resource under the limit and MySQL query timing should not take long to process.If any accounts using morethan the fair usage policy will be suspended and we can give single IP Address access for optimization
4. If any account doing abuse again and again.The corresponding account will be suspended and he/she should pay SECURITY Fee of 20$(Non-Refundable)
5. There is no Refunds for any clients if they are Trying to do abuse from our network even the Service is used or not..Domain registration/Hosting with Bank Names are Not allowed we will cancel the order(Even it was not used)
6. Late fee of 10% Will be added by our billing system if any invoice was not paid within the Due.
7.Any service suspended regarding Abuse like phising,Spamming,Scampages,Malware,Etc will be Cancelled in next 24 - 48 hours with/without Notification If Security Fee is not paid or client failed to respond.
8.If any Service is not paid even after the Due date our WHMCS System will delete the Account automatically With/Without Notification We are not Responsible for any Data's if the Due is not paid.
9.We are not providing any Refunds for Renewal Invoice's / Payments.
10.We Don't offer any Refunds for Order's which are under Promotional Code (Coupon Code) Even if its under 7 days money back Gurantee Timing.
11.If any client using abusive language(unwanted words or bad words) on any Support Methods like (Livechat,Email,Ticket,Whatsapp) We will terminate the client service's immediately Without any excuses.We are not responsible for the Data's inside your account.
12.Hosting Courier Site's are not allowed under our server.If hosted and notified by our Team We will suspend it.For unsuspension client he/she should send us the Company Registration proof,Identity Proof Provided by the Government After verification we will unsuspend the account. Failure of providing proof within the timeframe will held in service cancellation and no refunds.
13.According to our Mailing policy you are not allowed to send any spam/bulk emails in any of our services like Shared,Reseller,Master reseller and VPS Plans.We don't offer any refunds on Spam/Bulk emails.Port 25 has been blocked in all our VPS Servers Since All major providers are running ip6 to ipv4 tunnels for mail delivery outbound as well as running dual stack for inbound email (emails can be sent to thier IPv4 address and they will handle the delivery to the client on IPv6.
14.There is no refunds for Promo Hosting Plans even it was buyed for 1 Year or 2 Year.
15.Providing Free hosting is not allowed for any Reseller's/Master/Alpha Reseller's.If provided the account will be Suspended and no refunds will be given.To reactivate your account The client should pay Reactivation fee for Resource Usage Of 15.00$(Non Refundable Payment) otherwise We will be terminating all the account under the WHM.
If you want to provide free hosting plans then vps or dedicated server is mandatory.
16.You are not allowed to create hosting with free domains like .tk .ga .ml .cf and other free domains.The numbers of abuse cases are increased with the use of free domains.If you want to host free domain you need to get approval from our abuse/security team.
17.All the accounts are suspended on the 5th Day from the Due date and it will be terminated in 8th day from the Due date.We are not responsible for any data loss if account has been terminated because of payment,we can help you to restore the backups only if available in backup server and it will be charged.
18.We have rights to terminate our reseller's client accounts, if they were suspended over a month or if they did not obey our terms, to save our server resources.
19.We have Rights to Change our Policies/Rules anytime with/without any Notification.You(Client) Can check our Policy pages for any updates
VPS/Dedicated Server Policy
You are responsible for how the VPS has been used and the files inside the server.If we receive any Abuse's as listed in TOS Page line (A) We have rights to Suspend/terminate the service.VPS Servers does not have any Backup's so you are responsible for Data's inside it.We don't have any Backup for your Data's in case of any Damage to your VPS.It's your responsbility for the Data's uploaded into the VPS Server.You can have an local Backup for safety Purpose.If we receive Multiple Abuse's We will Terminate the VPS to protect our Network IP's.No Refunds will be given As an Abuse Fee of 100$ will be charged.
Free WHMCS Promotional Policy
The user's who have Got Free WHMCS Under any Promotional Code Should use the License under following Policy.The License should be used only on our Servers,You will have only 5 Times License Reissue's.If there is any breach in this policy Your license will be banned