The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and
all services, features and/or content provided by HexaByte (“HexaByte,” "us,", "our" ). HexaByte is
the trade name of HexaByte Networks India Private Limited. By purchasing one or more Services from
HexaByte, you declare that you have read, understood and agree to be bound by this TOS. The latest
version of our TOS is always available on the HexaByte website. It is essential that you read this
TOS prior to purchasing any Service(s) from HexaByte.
The TOS apply to all Services provided by HexaByte to you throughout the entire Term or Renewal Term.
All customers should agree on all terms and conditions stated prior to their signing up for any of
the hosting plans and services mentioned on HexaByte. You shall agree to use only licensed and legal
third party softwares in connection with your use of our services. HexaByte reserves the right to
suspend or cancel a customer's access to any or all services provided, at any time, or when HexaByte
decides that the account has been inappropriately used or otherwise.
- HexaByte reserves the right to refuse service and/or access to its servers to anyone. The
services provided by us must be used for lawful purposes only. Transmission, storage, or
presentation of any information, data or material in violation of any applicable law or
regulation is prohibited.
- The activities listed below are meant to provide you with examples of activities and content
that are strictly prohibited.
- 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 pharma, 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 way shape or form as
determined by HexaByte’s sole discretion, sites that promote prostitution, or escort services.
- Any website found to host child pornography, link to child pornography or exploitative content
will be suspended immediately without notice or warning.
- Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content.
The designation of “adult material” is left entirely to the discretion of HexaByte.
- Embedding or uploading audio/video/high resolution images on website or linking to other
websites that promotes audio/video/high resolution images.
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and
any material in violation of any regulation or material that is perceived to be misleading.
- Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking,
hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any
sites which provide "links to" or "how to" information about such material.
- Games - We strictly do not allow to host any kind of games on our servers. Your hosting account
would be immediately terminated if we found any gaming related stuff in your hosting account.
- IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server
or have 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 without
notice. The server would not be reconnected to the network until such time that you agree to
completely remove any and all traces of the irc server, and agree to let us have access to your
server to confirm that the content has been completely removed. Any server guilty of a second
violation would result in immediate account termination.
2. Abuse Of Resources
- Any attempts to compromise or actual compromise of a network device belonging to HexaByte or any
other company, individual, or other entity is strictly prohibited. This offense also includes
port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected
infractions will be vigorously investigated and may result in immediate termination of service.
- Denial of Service (DOS) attacks directed at HexaByte, or any attempts to launch a Denial of
Service attack from our servers are strictly prohibited. All infractions and or suspected
infractions will be vigorously investigated and may result in immediate termination of service.
- Hosting any software, source code or any 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 and Trojans, bomb
making and similar device tutorials. All infractions and or suspected infractions will be
vigorously investigated and may result in immediate termination of service.
- The hosting of material that infringes on any copyright, trademark and or service mark is
strictly prohibited. This also includes the storage and transmission of pirated movies, music,
software, ring tones or anything else considered "Warez". Any authentic complaint received will
be investigated and may result in termination of service.
- The hosting of defamatory, scandalous, or private information about a person without their
consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or
other intellectual property rights.
- Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no
responsibility for the use of our clients' accounts. Any account that abuses the resources and
actions are not taken to desist the activity, calls for immediate deactivation without any
- Any site using what we deem to be using excessive CPU cycles or any resources that cause strain
to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time
we can not fully guarantee this, this is due to the updates and up-gradation we carry out which
is also a part of our maintenance.
- If any client is in any way disrespectful towards any member of the HexaByte staff we have full
right to remove them from our services without any refund.
3. Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
- Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violation of this SPAM policy will result in severe penalties.
- Upon notification of an alleged violation, we will initiate a full scale investigation during
which, we may restrict customer's access to the network 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 guilty hosting account. Further more, we reserve the right to pursue
civil remedies for any costs associated with the investigation of a substantiated policy
violation. We will notify law enforcement officials if the violation is believed to be a
- Anyone using our service to host websites or services that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases will have their account(s)
immediately suspended and an administrative fee of $250.00 will be charged to your account.
- The account will not be unsuspended until such time that you agree to remove any and all traces
of the offending material immediately upon reconnection. First violations of this policy will
result in a warning and your account will be reviewed for possible immediate termination. A
second violation may result in an immediate termination of your account and the administrative
fees will be $500. Severe violations may result in immediate and permanent removal of the
account(s) from our network without notice to the customer.
- We have a zero tolerance policy for the use of our service towards posting of messages or
commercial advertisements which violate the rules, regulations, or charter of any newsgroups or
mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing
list or that are solicited by the recipients are permitted.
- We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service
for any purpose, cause, or reason what-so-ever.
If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer
does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their
limit, the account shall be suspended until the customer takes measures to ensure that the limit
wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be
reactivated in the following month.
5. VPS Rules
We generally recommend a control panel to manage and operate the VPS. All customers who have a plain
VPS would have to configure the DNS, user accounts, mail accounts and other such activities
pertaining to the configuration of such VPS' themselves. The support team will not be responsible
6. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
- Spamming, sending unsolicited emails from our servers or using email addresses that are
maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation
with no refund. HexaByte would be the sole arbiter as to what constitutes a violation of this
- In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server
hardware node give us optimum performance we have set limits on the number of outgoing mails
which can be sent per hour. Accordingly, shared & reseller customers would be allowed to
send 300 outgoing mails per hour, our VPS customers would be able to send 1000 outgoing mails
every hour and the Cloud hosting customers may send 1500 outbound mails per hour. Customers
having dedicated servers may send one email every second i.e. 3600 mails per hour.
- We do not guarantee Inbox email delivery with any of our hosting plans.
7. Backup Policy
- Your use of the Services is at your sole risk. You agree to back-up all of your User Content so
that you can access and use it when needed. HexaByte does not warrant that it backs-up any
Account or User Content, and you agree to accept as a risk the loss of any and all of your User
- You as a HexaByte User agree that in no case, HexaByte can be held responsible for the loss of
data in any circumstances.
- Clients who have subscribed for paid backup service with shared and reseller hosting plans. For
such clients, we take daily backup of database with retention period of 7 days. Website backup
will be taken weekly with retention period of 1 day. Any backup copy maintained by HexaByte will
not have any emails or media file included in it.
- Clients using cPanel Backup Manager tool for backups should download the backup from the server
and delete it. On every Sunday, all the backup files are removed from the server without any
notification. You are not allowed to use the hosting space to store backups.
8. Domain Payments
No refund is applicable once the domain is registered.
You cannot register a domain name that is similar to a trademarked domain/a domain similar to a
brand and is engaged in a business providing similar goods or services. Any person trying to
register such domain name will be held liable for infringement of Trademark.
Example: Flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in
We will send you reminders to renew your domain one month before the expiry. For failure or
delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds
will be given.
9. Unlimited Hosting
What "Unlimited" means
Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the
amount of bandwidth, websites or disk space you may use in the normal operation of a personal or
small business website, provided it complies with this Agreement. However, in the event your
service usage or content presents a risk to the stability, performance or uptime of our servers,
data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we
may take action to restrict the resources your website is utilizing.
What "Unlimited" DOES NOT mean
HexaByte employs complex mechanisms to protect its hosting Subscribers and systems from any kind
of abuse. HexaByte's "Unlimited" hosting offering is not for single or few hosting subscribers
to unfairly or adversely impact the experience of other hosting Subscribers. HexaByte's service
is offering shared hosting service, which means that multiple hosting Subscriber's websites are
hosted from the same server and share server resources. HexaByte's service is designed to meet
the typical needs of small and medium sized businesses across globe. It is NOT intended to
support the sustained demand of large enterprises, or non-typical applications better suited to
a VPS or a dedicated server. HexaByte will make every commercially reasonable effort to provide
additional resources to Subscribers who are using their website(s) consistent with these Terms,
including moving Subscribers to newer and bigger shared servers as necessary. However, in order
to ensure a consistent and quality experience for all Subscribers, HexaByte does place automated
safeguards to protect against any website growing too quickly and adversely impacting the system
until HexaByte can evaluate said sites resource needs.
Unlimited Hosting Space; excessive SQL Database
HexaByte does not set any specific limits on the amount of disk space a hosting subscriber can
use for their website, nor does HexaByte charge additional fees based on an increased amount of
storage used, provided the hosting subscriber's use of storage complies with these Terms. Please
note, however, that the HexaByte service is designed to host websites. HexaByte does NOT provide
unlimited hosting for online storage, videos, images, audio, games, installers, executable
files, backups, or archiving of electronic files, documents, log files, web spider or indexer,
irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such
prohibited use of the Services will result in the termination of hosting subscriber's account,
with or without notice. Accounts with an excessive database size (i.e., more than 1 GB)
negatively affect the performance of the server. HexaByte may request that the database size be
reduced to ensure proper performance or may disable the Subscriber's account, with or without
notice. Hosting subscriber's can create multiple databases however size of each database should
not be more than 1 GB.
Unlimited File Transfer
HexaByte does not set any limits on the amount of visitor traffic a website can receive or on
the amount of content a hosting subscriber can upload to his/her/its website in a given month,
nor does HexaByte charge additional fees based on increased use of bandwidth, as long as the
hosting subscriber's use of the Services complies with these Terms. In most cases, a hosting
subscriber's website will be able to support as much traffic as the hosting subscriber can
legitimately acquire. However, HexaByte reserves the right to limit processor time, bandwidth,
processes, or memory in cases where it is necessary to prevent negatively impacting other
Unacceptable Resource Usage
- Run cron entries with intervals of less than fifteen (15) minutes.
- Run any MySQL queries longer than thirty (30) seconds.
- Use twenty-five percent (25%) or more of our system resources for longer than ninety
(90) seconds at a time. Activities that could cause this excessive use, include but are
not limited to: CGI scripts, FTP, PHP, HTTP, etc.
- The size of each mail box should not exceed 5GB and combined mail box size per domain
should not exceed 50GB.
- "Unlimited" usage policies and definitions apply only to shared and reseller hosting
accounts. Click here to read the unlimited hosting policy.
- The size of each mail box should not exceed 5GB and combined mail box size per domain
should not exceed 50GB. This is applicable for WordPress hosting, Business hosting,
Linux & Windows based shared hosting plans.
10. Permitted CPU and Disk Usage
- The space on the Shared hosting server can only be utilized for web files, and hosting a user's
website. This space should not be used for media storage or for storing other data such as
storing electronic files, saving website backup, FTP host or for demo purposes. We hold the
right to inspect every shared hosting account for extra utilization of disk space, CPU and other
resources that may be violated of this Agreement or the AUP.
- We may terminate access to the Services at our sole discretion, or takedown or erase User
Content for those accounts considered to be in violation of these Terms and Conditions and other
policies. Dedicated and VPS usage limits will depend on the amount of resources allocated to the
plan that you have purchased.
11. Reseller Terms and Client Responsibility
- Using a shared hosting account to resell web hosting to others is not allowed. Reseller hosting
plans to be considered if you want to become our reseller.
- Resellers must assure that each of its clients, follow this Agreement.
- Resellers are completely responsible for supporting their clients including customer service,
billing and technical support. We are not liable to provide support to Reseller Users. Any
assistance needed for the client's issue must be reported by the reseller on the user's behalf.
- Resellers are solely responsible for any content that is stored or transferred under their
reseller account and the actions of their Users. We may hold any reseller responsible for any
activity from their client's account that violates the law or this Agreement.
- The Company shall not be kept liable for the acts or omissions of our resellers. The reseller
hereby promises to indemnify the Company to and against any and all claims brought by any
Customer resulting from the actions or omissions of the reseller.
- The Company retains the right to review our Reseller plan anytime necessary. Changes shall take
place as posted publicly or at any later date as the Company can designate.
12. The Company as Reseller or Sublicensor
- We may use certain third-party services, hardware, software and equipment and use it as a
reseller or sublicensor.
- We are not liable for any modifications to the Services that cause any Resold Products to become
outdated, including improvements or adjustments that otherwise influence the output of the
- Any failure or defects of Resold services, whether sold, sub-licensed, or given to you by us,
shall not be considered to be a violation of the Company's obligations under this Agreement.
- Any rights or suggestion you may have concerning the possession, licensing, performance, or
infringement of any Resold Product shall be limited to those rights which the manufacturer of
such Resold Product extends to you.
- You are qualified to use any Resold Product that we provide only concerning your use of the
Services as permitted under this Agreement.
- No attempt shall be made to clone, change, reverse engineer, or tamper with or use any Resold
Product other than in connection with the Services.
13. Uptime Guarantee
- Any service interruptions or downtime due to scheduled maintenance by HexaByte or our network
providers will not count towards the uptime guarantee.
- HexaByte is not liable in any way for failure of third party services.
- HexaByte will not be liable for failure or delay in performing its obligations if such failure
or delay is due to circumstances beyond its reasonable control, including but not limited to
acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or
other labour disturbance, interruption of or delay in transportation, unavailability of,
interruption or delay in telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain raw materials, supplies or
power used in or equipment needed for provision of the Services.
14. Account Security and Company Systems
- You are responsible for any misuse of your account therefore, you must take steps to ensure that
others do not gain unauthorized access to your account. In addition, you may not use your
account to breach the security of another account or attempt to gain unauthorized access to
another network or server.
- Your password provides access to your account. It is your responsibility to keep your password
- Sharing your password and account access with unauthorized users is not recommended. You should
take care and prevent others from using your account since you will be responsible for the
- Attempting to obtain another user's account password is strictly prohibited, and will result in
termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your
- You may not attempt to circumvent user authentication or security of any host, network or
account. This includes, but is not limited to, accessing data not intended for you, logging into
or making use of a server or account you are not expressly authorized to access, or probing the
security of other networks. Use or distribution of tools designed for compromising security is
prohibited. Examples of these tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host or network ("denial of service
attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host. Users who violate systems or network
security may incur criminal or civil liability. HexaByte will cooperate fully with
investigations of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of suspected criminal
- It is your duty to make sure all the programs/scripts installed under your hosting account are
secure and permissions of directories are set properly, regardless of the 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 username and password. You are required to 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 or update your password before suspending your account.
- The Services, including all related equipment, networks and network devices are provided only
for authorized customer use. We may, but is not obligated to, monitor our systems, including
without limitation, to ensure that use is authorized, to facilitate protection against
unauthorized access, and to verify security procedures, survivability, and operational security.
During monitoring, information may be scanned, examined, recorded, copied and used for
authorized purposes. By using the Services, you 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 requires the express written consent of the third party. We may, at our discretion,
request documentation to prove that your access to a third party network or system is
- Any account that is found to be compromised may be disabled and/or terminated. If you do not
clean up your account after being notified by us of an ongoing issue, we reserve the right to
keep your account disabled. Upon your request, we may clean-up your account for an additional
- We reserve the right to migrate your account from one data-center to another in order to comply
with applicable data center policies, local law or for technical or other reasons without
15. Billing Policy
- If paying via credit card, debit card, net banking, PayPal the account will be setup immediately
once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to
clear. If paying via postal orders or cash your account will be set up on the same day.
- The 30 day money back guarantee is only applicable for first-time signups. Second time and
subsequent sign-ups are not eligible for the same. For instance, 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.
- Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel,
LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock,
SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365 and any other paid licenses.
- The modifications done in pricing pattern or policy by the software license company will take
effect immediately on HexaByte clients.
- The money back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting and
- No refund will be made if your Service(s) are suspended or terminated for cause.
- There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it
won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on
KVM Cloud instances but you cannot change the BIOS settings. You won't be eligible for refund in
- The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges
or any kind of payment processing charges or bank fee(s). There will be no refunds issued in
case the web hosting account was involved in violation of our terms of service or any kind of
illegal or system resources over-usages or after 30 days period or beyond coverage of our refund
policy as noted here.
Tyro / W-Tyro Plan : 1 free .SHOP domain for first year if you sign-up for
Tyro/W-Tyro plan for 1/3 year. Free domain only for new registration of domains. Already
registered .SHOP domains will not be transferred under this offer. Domain name will be free only
for the first year and renewal charges will be applicable from the second year.
Swift & Turbo / W-Swift & W-Turbo Plans : 1 free .SHOP domain OR 1 .COM
is offered with purchase of every new Swift/Turbo or W-Swift/W-Turbo plan for 1/3 years. You may
transfer .com or .in domains under this offer. However, already registered .SHOP domain will not
be transferred. Domain name will be free for the first year and renewal charges will be
applicable from the second year.
- You must add the domain name into your cart with the hosting plan. You cannot claim the free
- If the web hosting service includes free domain name, and you cancel the web hosting service,
the domain charges (standard rate as per website) would be deducted from the refund amount. If
the refund amount is less than the domain name price, you will have to pay the difference or
forfeit the domain. The ownership of the domain will remain with HexaByte if you fail to pay the
- Transfer fees would be applicable, if you wish to transfer the free domain name to some other
provider. Without transfer fees the domain will not be released.
- One free WHMCS Starter or ClientExec license is included in reseller hosting plan
(Pluto/Mars/Jupiter). WHMCS starter license allows you to manage upto 250 clients. You can
upgrade the WHMCS license from us by paying the appropriate license cost. If the reseller
hosting plan is cancelled within first 30 days then WHMCS Starter or ClientExec license cost
will be deducted from the refund amount.
- The payments made through bank transfer, cheque, money order, cash deposit, DD are
non-refundable. Refund will be added as credit to the hosting account.
- The refund request placed after 30 days will not be processed and you will not be eligible for
- The cancellation request should be sent through client area.
- After sending the cancellation request, it would take 14 days to complete the refund process.
16. Cancellation Process
- At any point of time, you wish to discontinue our services, you can place the cancellation
request through your client area. Before that, you need to clear all the pending dues (if any).
- You can either choose immediate cancellation or request cancellation to happen once your
subscription period expires. If you select immediate cancellation, you will no longer have
access to your hosting plan/service. If cancellation after the tenure period is over is
selected, you will continue to have access to use the Services purchased until the end of your
- It is your responsibility to backup all your data before you place the cancellation request.
Once you place the cancellation request all your data from our server will be deleted and it
cannot be retrieved nor restored.
The price mentioned on the site is exclusive of taxes. To view price with taxes please refer the Cost
Calculator of each plan. The amount inclusive of taxes will be added to your final invoice once you
add items in your cart. The taxable amount is non-refundable.
18. Late Payment or Non-Payment
- Unpaid invoices may result in the suspension or termination of your web hosting account. Your
suspended account will only be restored after clearing the outstanding invoice after which you
will be able to access your data.
- If your account gets terminated, the data residing on it won't be restored and will be treated
as a new account. If you fail to renew your subscription on time you will be charged on your
- We will not activate new orders or activate new packages for customers who have an outstanding
balance on their account.
19. Invoice Disputes
For any queries related to cost on your account, do reach out to our billing team at
20. Account Termination
Your hosting account at HexaByte can get terminated due to following reasons:
- You decide to discontinue
At any point of time, during your subscription, if you no more want to continue with our
services and want to place a cancellation request with immediate termination, your hosting
account will be suspended right away and will be terminated within 48 hours.
- Cancellation upon expiration
If you place a cancellation request to discontinue our services after your subscription expires,
your hosting account will be suspended at the end of the subscription and will be terminated
within 48 hours (after the expiration date).
- You did not renew
In case you fail to renew your hosting account on the due date, your hosting account will be
suspended after 24 hrs and will be terminated within 48 hours (after the expiration date).
- You violate our Terms of service
If you violate our terms of service during your subscription period at HexaByte it will result
in immediate account suspension and termination. As soon as we've been notified about the
violation of service, we would usually take instant action.
- Potential fraud
We have an anti-fraud system that monitors all the orders as soon as they are placed. During
such an occurrence, we will carry out a verification process manually. In this process, if we
ask for certain information and it is not provided the account suspension and termination will
be done immediately.
- A Dispute or ChargeBack
During the violation of our Terms of Service, we would initially suspend and give a 7 days
timeframe to resolve the concern with HexaByte before the termination occurs. If still, it
remains unsolved termination of your hosting account will take place.
- Customer agrees that they will protect, indemnify, save and hold HexaByte harmless from any and
all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's
fees assessed against HexaByte, its agents, customers, officers, employees and administration
that may arise or result from any service provided or performed or agreed to be performed or any
product sold by it's customers, agents, employees or assigns.
- Customer agrees to defend, indemnify and hold HexaByte harmless against liabilities arising out
- Any injury to person or property caused by any products sold or distributed in
association with HexaByte's Services;
- The loss of any electronic files furnished by customer (Or customer's customer);
- Copyright violation and any defective products sold to a customer from HexaByte's
22. Limitation of Liability
- To the maximum extent permitted by applicable law, and without affecting your rights as a
Consumer, you agree that you will not under any circumstances, including negligence, hold
HexaByte, its officers, directors, employees, licensors, agents, subcontractors and/or third
party service providers liable for any direct or indirect damages of any nature and type
suffered by the
- Customer of third parties, including, but not limited to, damages for loss of profits, cost
savings, revenue, business, data or use, or any other pecuniary loss that may result from:
delays, malfunctions, suspension and any other interruption in the provision of the Service(s)
due to events beyond our reasonable control (for example: force majeure, third party
conduct/acts, including HexaByte's licensors and suppliers, faults and malfunctions of the
machines, software and other equipment, whether owned by us or our licensors/suppliers; acts
and/or omissions made by Customers and in contrast with the obligations undertaken under these
TOS); data loss due to hardware or software failure; any information, data, content in or
accessed through the Services; any action, information or instruction provided as part of our
technical support Services; your use of the Service(s).
- You agree that the foregoing limitations apply whether based on warranty, contract or tort or
any other legal theory and apply even if we have been advised of the possibility of such
damages. In no event, we will be liable to you in the aggregate with respect to any and all
breaches, defaults, or claims of liability under these TOS or under any other agreement or
document for an amount greater than the fees actually paid by you to us for the respective
Service(s) during the twelve month period preceding a claim giving rise to such liability. Some
jurisdictions do not allow the limitation or exclusion of liability for incidental or
consequential damages. You agree that in those jurisdictions, our liability will be limited to
the extent permitted by law and your rights as a Consumer will not be affected.
23. Dispute Resolution. Jurisdiction
- In the event of any dispute, controversy or claim arising out of or related to this Agreement,
you and HexaByte shall use reasonable effort to settle such disputes or differences. To this
effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory
to each Party.
- You agree that the Courts of Nashik, Maharashtra (India) shall have the sole jurisdiction over
all disputes and other matters relating to the execution, interpretation, enforcement and
termination of this Agreement or any other document entered into by the Parties related thereto.
All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as
well as any other document entered into by the Parties shall be governed by the laws of India.
24. Certain Services; 404 Error Page
If you haven't configured a 404 page, our default page for the 404 error page will load when a
visitor tries to access a URL that has no information. By not creating a 404 page, you hereby agree
and authorize the Company’s placement of a default 404 error page. This 404 error page of the
company may contain advertisements and other information about the company and its services. As a
company, we reserve the right to withhold and collect all revenue generated from these
25. Price Change
We reserve the right, to modify the prices, or monthly payment amount, or any other amount at any
given time. It’s your responsibility to review billing information from time to time.
26. Third-Party Beneficiaries
Except as expressly given elsewhere in this Agreement, nothing in this Agreement is intended, nor
shall anything in this Agreement be construed to grant any rights on any individual other than the
Parties hereunder and their respective successors and approved assignments. Notwithstanding the
above, the customer recognizes and accepts that every provider of a third-party good or service
described in the contract definition as a third-party beneficiary is the designated third-party
beneficiary of the requirements set out in this Agreement because they apply exclusively to its
goods or services and has the right to explicitly implement the terms and conditions.