All services provided by Linkway Hosting may only be used for lawful purposes. The laws of Indian Government are applicable under Mumbai Highcourt jurisdiction.
The customer agrees to indemnify and hold harmless Linkway Hosting from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
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.Examples of unacceptable material on all Shared and Reseller servers include:
Examples of unacceptable material on all Dedicated servers include:
Linkway Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. Linkway Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Linkway Hosting system(s) constitutes 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 must be with expressed written consent from the third party. Linkway Hosting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), 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. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
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 suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.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.
3. Payment Information
You agree to supply appropriate payment for the services received from Linkway Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Linkway Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended.
Cancellations must be done in writing an e-mail to supportlinkwayhosting.com or opening a ticket in billing panel. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number.
As a client of Linkway Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Linkway Hosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Linkway Hosting. Linkway Hosting reserves the right to bill your credit card or billing information on file with us. Linkway Hosting provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Linkway Hosting for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales[at]linkwayhosting.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Linkway Hosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. If an invoice related to Shared Hosting Service is not paid before or on its due date or till 20th day from the due date, then such account will get terminated permanantly from Server as well as Backups after 20 days of grace period from due date.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales[at]linkwayhosting.com
Linkway Hosting reserves the right to change the monthly payment amount and any other charges at anytime.
4. Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is run on Sunday of each week, and provided to you as a courtesy. Linkway Hosting 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 backup of files and data stored on Linkway Hosting servers. Backups will not be provided for accounts that have been suspended or terminated.
5. Cancellations and Refunds
Linkway Hosting reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Linkway Hosting does not support refunds. Once service is purchased, a user cannot get refund of amount which he/she has paid.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via contact form or by opening a ticket from billing panel.
6. Resource Usage
User may not:
1) 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.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
Users are strongly recommended to:
9) 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")
10) To help reduce usage, do not force html to handle server-side code (like php and shtml).
11) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
8. Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
9. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
12. Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Linkway Hosting.com, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Linkway Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Linkway Hosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Linkway Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Linkway Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Linkway Hosting's server.
Linkway Hosting shall not be responsible for any damages your business may suffer. Linkway Hosting makes no warranties of any kind, expressed or implied for services we provide. Linkway Hosting 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 Linkway Hosting and its employees.
15. Disclosure to law enforcement
Linkway Hosting 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.
16. Changes to the TOS
Linkway Hosting reserves the right to revise its policies at any time without notice.