Terms of Service

The following Terms of Service (“TOS,” “Terms,” or “Agreement”) govern your use of the BengalWebHosting website and all the services, features, and content provided by BengalWebHosting (“we,” “us,” or “our”). BengalWebHosting operates under the trade name of BengalWebHosting Company Pvt Ltd. By purchasing any services from BengalWebHosting, you acknowledge that you have read, understood, and agreed to be bound by these TOS. The most recent version of our TOS is always available on the BengalWebHosting website. It is essential that you review this TOS before purchasing any service(s) from BengalWebHosting.

Customer Agreement

These TOS apply to all services provided by BengalWebHosting to you throughout the entire term or renewal term. Before signing up for any hosting plans and services mentioned on BengalWebHosting, all customers must agree to the terms and conditions outlined herein. You are required to use only licensed and legal third-party software in conjunction with our services. BengalWebHosting reserves the right to suspend or cancel a customer’s access to any or all services provided if we determine that the account has been used inappropriately or in violation of these terms.

Content
BengalWebHosting retains the right to refuse service and/or access to its servers to anyone. Our services must be used exclusively for lawful purposes. Transmission, storage, or presentation of any information, data, or material that violates any applicable law or regulation is strictly prohibited.

The following activities serve as examples of prohibited actions and content:

Topsites, Ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharmaceuticals, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high-yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events, websites promoting illegal activities or linking to other websites that promote illegal activities.
Website content that promotes or advocates human trafficking in any form, sites that promote prostitution or escort services.
Any website found hosting child pornography, linking to child pornography, or exploitative content will be immediately suspended without notice.
Adult materials, including pornography, erotic images, or lewd and obscene content, are prohibited. The determination of what constitutes “adult material” is at the sole discretion of BengalWebHosting.
Embedding or uploading audio/video/high-resolution images on websites or linking to other websites that promote audio/video/high-resolution images.
Illegal material, including copyrighted works, commercial audio, video, or music files, and any material that violates any regulation or is perceived to be misleading.
Warez, including pirated software, ROMs, emulators, phreaking, hacking, password cracking, IP spoofing, and encryption related to the aforementioned. This also includes websites that provide “links to” or “how-to” information about such material.
Games hosting is strictly prohibited on our servers. Hosting any kind of gaming-related content will result in immediate termination of your hosting account.
IRC hosts, including hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts found to be connecting to or part of these networks will be immediately removed from our network until all traces of the IRC server are completely removed, as confirmed by us. A second violation will result in immediate account termination.
BengalWebHosting reserves the right to deem any other content or literature as “prohibited” if it is found to be indecent, rude, hateful, or generally unacceptable.
For complete details on prohibited content and activities, please refer to our General Acceptable Use Policy.

In compliance with the DMCA act, BengalWebHosting has implemented procedures for parties who believe that a hosted site on our service infringes their copyrights. All copyright complaints must be submitted to abuse@bengalwebhosting.in.

Abuse of Resources
Any attempt to compromise or actual compromise of a network device belonging to BengalWebHosting or any other company, individual, or entity is strictly prohibited. This offense includes port scanning, IP range scanning, and vulnerability scanning. Any violations or suspected violations will be thoroughly investigated and may result in immediate termination of service.

Denial of Service (DoS) attacks directed at BengalWebHosting or any attempts to launch a DoS attack from our servers are strictly prohibited. Any violations or suspected violations will be thoroughly investigated and may result in immediate termination of service.

Hosting any software, source code, or other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes, but is not limited to, software exploits, exploit source code, hacking tutorials, hacking tools, viruses, Trojans, bomb-making instructions, and similar devices. Any violations or suspected violations will be thoroughly investigated and may result in immediate termination of service.

Hosting material that infringes on any copyright, trademark, or service mark is strictly prohibited. This includes the storage and transmission of pirated movies, music, software, ringtones, or any other form of “warez.” Any valid complaints received will be investigated, and service may be terminated as a result.

Hosting defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights is strictly prohibited.

Any attempts to undermine or cause harm to any of our servers are strictly prohibited. We are not responsible for the use of our clients’ accounts. Any account found to abuse resources without taking corrective actions will be deactivated without a refund.

If a website utilizes an excessive amount of CPU cycles or any resources that strain other sites, new terms may be offered, including an upgrade. While we strive to maintain 99.95% uptime, we cannot guarantee it due to necessary updates and upgrades that are part of our maintenance.

We reserve the right to remove any client from our services without a refund if they are disrespectful towards any member of the BengalWebHosting staff.

Unsolicited Commercial Email (SPAM)
The use of our service to transmit unsolicited commercial or bulk email is strictly prohibited. Violation of this SPAM policy will result in severe penalties.

Upon receiving notification of an alleged violation, we will conduct a thorough investigation, during which we may restrict the customer’s network access to prevent further violations.

If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend, or terminate the hosting account associated with the violation. Furthermore, we reserve the right to seek civil remedies for any costs incurred during the investigation of a substantiated policy violation. If a violation is believed to be a criminal offense, we will notify law enforcement officials.

Customers using our service to host websites or services that support spammers or cause any of our IP addresses to be listed in any spam databases will have their account(s) immediately suspended, and an administrative fee of $250.00 will be charged to their account.

The account will only be unsuspended after removing all traces of the offending material upon reconnection. First violations will result in a warning, and the account will be reviewed for possible immediate termination. A second violation may result in immediate termination, and the administrative fee will be $500. Severe violations may result in the immediate and permanent removal of the account(s) from our network without prior notice.

We maintain a zero-tolerance policy towards using our service for posting messages or commercial advertisements that violate the rules, regulations, or charters of any newsgroups or mailing lists. Commercial messages that comply with the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit the hosting of publicly-accessible “open relay” SMTP or anonymous remailer services for any purpose.

Bandwidth
If a customer’s account exceeds the allocated bandwidth limit, we will notify the customer. If the customer does not wish to purchase additional bandwidth or upgrade their account and continues to exceed the limit, the account will be suspended until the necessary measures are taken to ensure that the limit is not exceeded again or until the account is upgraded, whichever occurs earlier. The account will be reactivated in the following month.

VPS Rules
We generally recommend using a control panel to manage and operate VPS. Customers with plain VPS accounts are responsible for configuring DNS, user accounts, mail accounts, and other activities related to the VPS configuration themselves. Our support team will not be responsible for these tasks.

Commercial Advertising – Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
Spamming, sending unsolicited emails from our servers, or using email addresses maintained by us is strictly prohibited and will result in immediate deactivation of your site without a refund. BengalWebHosting reserves the sole right to determine what constitutes a violation of this provision.

To ensure optimal server performance, we have set limits on the number of outgoing emails that can be sent per domain per hour. The defined limits are based on the highest plan of each service. If you choose a lower plan, the number of outgoing email limits may vary. Shared customers are allowed to send up to 100 outgoing emails per hour, reseller users up to 25 emails per hour, and VPS/cloud customers up to 1000 outgoing emails per hour. Customers with dedicated servers may send 3000 emails per hour.

Please note that we do not guarantee inbox email delivery with any of our hosting plans.
Backup Policy
Your use of our services is subject to certain backup policies. We highly recommend that you regularly back up all of your user content to ensure accessibility and data protection. While we strive to provide a reliable backup system, we do not guarantee the backup of any account or user content. Therefore, it is essential that you take full responsibility for backing up your data and understand the risks involved in potential data loss.

As a user of BengalWebHosting, you acknowledge and agree that we cannot be held responsible for any loss of data under any circumstances.

For clients who have subscribed to our paid backup service with shared and reseller hosting plans, we offer daily backups of databases with a retention period of 7 days. Weekly website backups are also performed with a retention period of 1 day. Please note that any backups maintained by BengalWebHosting will not include emails or media files.

Clients using the cPanel Backup Manager tool are required to download their backups from the server and delete them. Every Sunday, all backup files on the server are automatically removed without prior notification. It is important to note that you are not allowed to use the hosting space to store backups.

Domain Payments
Domain Registrations: Once a domain is registered, no refunds will be applicable.

Domain Infringement: You are prohibited from registering a domain name that is similar to a trademarked domain or a domain associated with a well-known brand providing similar goods or services. Any individual or entity attempting to register such a domain name will be held liable for trademark infringement. Examples of prohibited domain names include “flipkartsale.in,” “bajajfinancecs.com,” and “adtyabrlafnanc.co.in.”

Domain Renewal: We provide reminders for domain renewal one month before the expiry date. However, we are not responsible for any failure or delay in the renewal process. Once a domain is renewed, no refunds will be given.

Unlimited Hosting
We offer “Unlimited” hosting plans that provide ample disk space, bandwidth, and website resources for the normal operation of personal or small business websites, in accordance with our agreement. However, in cases where your service usage or content poses a risk to the stability, performance, or uptime of our servers or infrastructure, we may require you to upgrade to a Virtual Private Server (VPS) or take necessary action to restrict the resources your website is utilizing.

It is important to note that our “Unlimited” hosting is designed to meet the needs of small and medium-sized businesses. While we make every effort to provide additional resources to users who are using their websites in compliance with our terms, we have automated safeguards in place to protect against rapid growth that may adversely affect the system. These safeguards allow us to evaluate resource needs and ensure a consistent and quality experience for all users.

Our “Unlimited” usage policies do not permit abuse or activities that adversely impact other hosting subscribers. Additionally, certain types of data and files, such as online storage, videos, images, games, and executable files, are not covered under the “Unlimited” hosting offering. Prohibited activities may result in the termination of your hosting account.

Permitted CPU and Disk Usage
The space on our shared hosting servers is intended for hosting web files and your website content. It should not be used for media storage, storing electronic files, website backups, FTP hosting, or demo purposes. We reserve the right to inspect shared hosting accounts to ensure compliance with this agreement. If any violation is found, we may take appropriate action, including suspension or termination of the account.

Please note that the usage limits for dedicated and virtual private servers (VPS) will depend on the resources allocated to the specific plan you have purchased.

Reseller Terms and Client Responsibility
Using a shared hosting account for reselling web hosting services to others is not allowed. If you intend to become a reseller, we offer reseller hosting plans specifically designed for that purpose.

As a reseller, you are responsible for providing support to your clients, including customer service, billing, and technical support. We do not provide direct support to reseller users. Any assistance required by your clients must be reported by you on their behalf.

You, as a reseller, are solely responsible for the content stored or transferred under your reseller account, as well as the actions of your clients. We may hold you liable for any activities performed by your clients that violate the law or our agreement.

Please note that our reseller plan terms may be reviewed or modified at any time as deemed necessary by the company.

The Company as Reseller or Sublicensor
We may utilize certain third-party services, hardware, software, and equipment as resellers or sublicensors. However, we are not responsible for any modifications to these services that may render any resold products outdated or affect their performance. Any failure or defects related to resold services will not be considered a violation of our obligations under this agreement.

Any rights or claims you may have regarding the ownership, licensing, performance, or infringement of any resold product are limited to the rights provided by the manufacturer of that product. You are only authorized to use resold products in connection with the services we provide and as permitted under this agreement. Unauthorized cloning, reverse engineering, tampering, or use of resold products for purposes other than those specified in this agreement is strictly prohibited.

Uptime Guarantee
We strive to maintain high uptime for our services. However, please note the following:

Service interruptions or downtime resulting from scheduled maintenance by BengalWebHosting or our network providers will not be counted towards the uptime guarantee.
BengalWebHosting is not liable for failures of third-party services.
BengalWebHosting will not be held responsible for failures or delays in performing its obligations if such failures or delays are due to circumstances beyond our reasonable control, including but not limited to acts of governmental bodies, wars, insurrections, natural disasters, strikes, or other labor disturbances, transportation interruptions, unavailability or interruption of telecommunications or third-party services, failures of third-party software or hardware, or inability to obtain necessary materials or supplies.
Account Security and Company Systems
You are solely responsible for maintaining the security of your account and preventing unauthorized access. It is your responsibility to keep your password secure and not share your account access with unauthorized individuals. Any breach of security or unauthorized access to other accounts or networks is strictly prohibited and may result in account suspension or termination.

You must adopt adequate security measures to minimize the risk of unauthorized use of your account. You may not attempt to circumvent user authentication or security measures, interfere with service to other users or networks, or engage in activities that compromise the system or network security.

We reserve the right to monitor our systems for authorized use, protection against unauthorized access, and verification of security procedures. By using our services, you consent to such monitoring for these purposes.

Billing Policy
Payment methods: If you choose to pay via credit card, debit card, net banking, PayPal, your account will be set up immediately upon payment confirmation. For payments made by check, please allow 5 days for the check to clear. Payments made by postal orders or cash will result in same-day account setup.

Refunds: Our 30-day money-back guarantee applies only to first-time signups. Second-time and subsequent signups are not eligible for a refund. The refund policy does not apply to domain registrations/transfers/renewals, control panel licenses, software licenses, SSL certificates, Only explicit and written changes signed by both Parties will have this power.