Terms Of Service
Where the content states: “We” includes SwagataMobiles.In or any party acting on SwagataMobiles.In’s implicit instructions.
“You” includes the person purchasing the services or any party acting on the customer’s instructions.
“Member” includes the purchaser of services or any party acting on the purchaser’s instructions.
“The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions.
“The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection
with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as the site on the Internet. “TOS” includes this agreement. SwagataMobiles.In reserves the right to modify this policy at any time,
effective immediately upon posting of the modification to this URL: https://www.SwagataMobiles.In In consideration
of the mutual covenants herein, the parties agree to the following,
which shall apply during the term of this agreement:
Web site hosting and email
Shared Servers There is a limit of 25% CPU usage that is applied on a per cPanel basis. Resource intensive websites can
lead to server issues and, consequently, can result in account restrictions. SwagataMobiles allows a maximum of 25% CPU usage limit on our shared
and reseller servers. If a hosting account exceeds this limit for longer than 90 seconds, resource restrictions will be placed on the account.
Reseller servers have the same limits as Shared servers, however, the limit is per cPanel, not for the entire reseller package.
However, if you have multiple cPanel accounts contributing to a server problem, we may suspend any of them.
1.An inode stores basic information
about a regular file, directory, or other file system object. The number
of inodes indicates the number of files and folders you have. The inode limitation is
applicable to all SwagataMobiles servers.
2.There is a soft limit of 250,000 files
per cPanel; however, accounts that exceed over 250,000 files will be in direct violation of our
Terms of Service and will be susceptible to being suspended.
3.It is not allowed to store any backup file,
Video or audio files in your Cpanel or in server. This is to avoid the unnecessary use of
inodes, as the files increase in your panel that will increase the inodes and accounts
that exceed over 250,000 files will be in direct violation of our Terms of Service and will be
susceptible to being suspended and no refund will be initiate in this case.
4.Shared hosting cant be used as reseller Hosting,
if anyone is used as a reseller hosting and consumes the inodes then that will result in
suspension and appropriate action (suspension or termination ) will be taken.
5.In shared Hosting you cant do bulk emailing or store unlimited email. As it is shared hosting we allow only 1Gb space per email Id in the unlimited plan or in advance, standard plan. Space more than 1Gb not allowed in our server for email. Although you can create unlimited email accounts there is no limit to that.
1.If the account is being inactive for more than 3 months then it will be
terminated permanently without any information to avoid any load on or junk on our servers.
2.Hosting which expires and doesn’t renew within 7 days from its expiry
date will be terminated completely. Deleted data cant be restorable in this case and either
through mail or call client will be informed. SwagataMobiles will not be responsible if the client
isn’t able to check mail or receive a call regarding renewal.
SwagataMobiles is a DMCA ignored hosting provider in that it protects its customers from the illegitimate use of DMCA complaints. Illegitimate use of DMCA complaints includes but is not limited to copyright abuse reports for the content that does violate any copyrights.
The goal of this protection is to allow our customers to run their businesses without unnecessary interruption and to ensure only those legitimate abuse reports that require their attention will be delivered to them.
Excluding special cases, SwagataMobiles will not handle in any way or form any DMCA or copyright complaints that were received via any means other than registered mail.
In specific cases, SwagataMobiles may accept DMCA or copyright complaints sent to SwagataMobiles via Email. This will be decided at our sole discretion based on the specifics of the discussed copyright violation case.
Acceptable Use Policy
All services provided by SwagataMobiles.It may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any 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 another statute. The subscriber agrees to indemnify and hold harmless SwagataMobiles.In 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. Pornography is prohibited on all SwagataMobiles.In servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
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, the 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. The 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. If you have bought DMCA Ignore services kindly check our DMCA Policy.
Limitation of Liability
SwagataMobiles.In shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SwagataMobiles.In servers going off-line or being unavailable for any reason whatsoever. Furthermore, SwagataMobiles.In 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 SwagataMobiles.In servers. All damages shall be limited to the immediate termination of service.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD THE HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS, AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW AND/OR REGULATION, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR COPYRIGHT OR OTHER RIGHT OF ANY PERSON OR ENTITY.
The following scripts 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.
- Proxy servers
- Mail bombers
- Anonymous mailers
- IP spoofers
- Port scanners
- Telnet or SSH Access Scripts
- Nulled Scripts, Plugins, Themes which contains virus/malware
We strictly not allow any type of scripts, themes, plugins that contain malware, If we find any site involved in using malware content we will be forced to suspend/terminate your account without refund.
Note: Using nulled scripts may result in the hack of your site and break down your site security, in this case, we will not be responsible from any point!
If your account gets suspended three times due to any of the above scripts, we will be forced to suspend/terminate your account without a refund.
1.Back up restoration will be chargeable.
Restoration charges will be 4999 INR /-. If you paid for the restoration and backup will not
available in that case, the paid amount will be fully refunded. if the backup will available no refund
initiate. After a request for backup, you need to wait for 48-72 hours. We undertake periodic backups
of data on our shared hosting servers, but the final responsibility for all backups of the data on
your hosting packages rests with you. We strongly recommend that you take periodic backups and
store them at your end so that you have multiple options in case of necessity for a restore.
You may request us for a backup of the last 7 days (from the date of request) and in most cases, we will
be able to provision this from our disaster recovery backups. However, this is not a part of our core
hosting services and is merely a last resort. We will try our best to help you out but backups
provisioning and restoration is an extremely time and resource-intensive process and hence we can
only promise a best-effort service in this regard.
From the list of backups available and their date of generation, you must select the date of the back up
very carefully as we will only be able to undertake this task once a week. Also, there may be a
possibility of missing files due to the time elapsed between the date of backup and request for restoration,
in such a case we will not be able to regenerate the backup.
2.If any account found in any kind of
illegal activity, hacking, copyright issues, bot sites, adult contents such accounts will be
suspended and terminated within 24 hours and no refund will initiate in such cases. SwagataMobiles
will not responsible in such cases for any kind of data loss.
3.I would request you to look into the following points regarding our backup policy:-
1) We do not promise the customers for providing backups.
2) We take the backups on a rotational basis and we keep the incremental backups for the last 7 days as an additional service. Also, this is for our purpose and it is not compulsory.
3) So we always recommend the customers to take the backups of their site contents, databases and emails at their end.
4) We don’t restore the contents
5) Restoration of the back will be done from the Client’s side.
Domain Name Registration
Once the domain is registered it can’t be canceled or refunded.
1. We make no representation that the domain name you wish to register is capable of being
registered by or for you or that it will be registered in your name. You should therefore not
assume registration of your requested domain name(s) until you have been notified that it has or
they have been registered. Any action was taken by you before such notification is at your risk.
2. The registration and use of your domain name are subject to the terms and conditions of use
applied by the relevant naming authority; you shall ensure that you are aware of those terms and
conditions and that you comply with them. You shall have no right to bring any claim against us in
respect of refusal to register a domain name. Any administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming authority to register your desired name.
3. We shall have no liability in respect of the use by you of any domain name; any dispute between
you and any other person must be resolved between the parties concerned in such dispute.
If any such dispute arises, we shall be entitled, at our discretion and without giving any reason,
to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to
the relevant naming authority but will not be obliged to take part in any such dispute.
4. We shall not release any domain to another provider unless full payment for that domain has been
received by us.
Web Site Hosting And Email
1. We make no representation and give no warranty as to the accuracy or quality of the information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
3. You represent, undertake, and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant, and undertake to us that:
4.you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party; nor will you authorize or permit any other person to do so.
5.you will not post, link to, or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane, or otherwise objectionable as determined by SwagataMobiles.In any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offense, or which infringes any patent, trademark, design right, copyright, or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
6. you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
7. you will not employ programs that consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource-intensive programs.
8. If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.
9. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
10. You shall keep secure any identification, password, and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
11. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
12. Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.
13. Members utilizing free hosting shall display a banner as supplied by SwagataMobiles.In.
14. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
15. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site.
16. It is contrary to SwagataMobiles.In policy for Members to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list, or other similar group or list articles that are off-topic according to the charter or other owner-published FAQ or description of the group or list.
To send mass e-mailings; whether unsolicited, opt-in or otherwise.
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a SwagataMobiles.In provided server, or using a SwagataMobiles.In provided server as a mail drop for responses.
To falsify user information provided to SwagataMobiles.In or to other users of the service in connection with the use of SwagataMobiles.In service.
(a) Consequences of Violation:
When SwagataMobiles.In becomes aware of an alleged violation of its Acceptable Use Policy, SwagataMobiles.In will initiate an investigation. During the investigation SwagataMobiles.In may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, SwagataMobiles.In May, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, SwagataMobiles.In will notify the appropriate law enforcement department of such violation.
(b) You shall be held liable for any and all costs incurred by SwagataMobiles.In as a result of your violation of these terms and conditions. This is including but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. SwagataMobiles.In’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is the INR 7500/- per hour, with a minimum one (1) hour charge, plus the INR 100/- for each bulk-email or Usenet message sent, plus INR 100/- per complaint received. Server maintenance fees of INR 7000/- per hour.
17. SwagataMobiles.In does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
18. Any access to other networks connected to SwagataMobiles.In must comply with the rules appropriate for those other networks
19. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
20. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services. 2.12 Please note no refund can be issued the cause of unused product or customer has utilized the freebies like domain migration, domain reseller, custom setup, or billing script
21. Fair Usage of Support: Users who put excessive support tickets for install or rebuild on VPS would be Liable for admin hours beyond the fair usage guidelines.
1. We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
2. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.
3. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party or shows other activity in breach of this sub-clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
2. Payment is due each anniversary month, quarter, or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize SwagataMobiles.In to debit your account renewal fees from your card.
3. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4.In 7 days money will be fully refunded.
if you purchase a Freedom plan, Unlimited plan, or Combo plan then a refund within 7 days will be initiated
with deducting the domain charges and SSL charges. After 15 days no refund will be initiate except
unlimited plan. In unlimited plan refund after 7 days will be along with deduction of domain
and usage per month.
1.If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
3. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
4. No refunds will be made for Services suspended in accordance with 5.1, 5.2, and 5.3.
5. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this, You will be entitled pro-rata refund based upon the remaining period of membership.
6. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
7. During the first 7 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. SwagataMobiles.In shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.
- During the first fourteen days of service you are entitled to a full, no-questions-asked refund excluding as set forth in sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in section 2 above. For the remaining time, your refund will be prorated and factored at the full discretion of SwagataMobiles.In.
- Partner Plans (Resellers) are eligible for the above refund minus usage fees; if such use has been deemed excessive at the discretion of SwagataMobiles.In. Such accounts are often more resource-intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 7 days guarantee details.
- You will not be entitled to a refund on this basis if you have previously had an account with SwagataMobiles.In under any plan or service.
- Allow 7 (seven) days for refund payments to process. If you have not received a refund within this time allotment; please contact us.
8. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
9. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
Limitation Of Liability
1. All conditions, terms, representations, and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause.
2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
4. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
6. You are responsible for monitoring the Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assess a surcharge as set forth in our pricing structure.
1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved to be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
1. On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
2. The support feature of our service at present time consists of our Support System solving server related problems only.
- If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians’ services at the rate of $80 per hour, with one half hour minimum billed. We reserve the right to wave this fee at any time.
3. Support can only be addressed in English through our Support System.
4. All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.
5. In the event of a server outage or other such emergency, you are free to contact us in any manner.
1. This Agreement shall be governed by and construed in accordance with Indian law. You hereby submit to the non-exclusive jurisdiction of the Indian courts.
1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
1. No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
2. Any abuse towards any SwagataMobiles.In employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing SwagataMobiles.In or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at SwagataMobiles.In or its employees shall be considered a violation of this TOS.
3. Any threat; whether verbally, orally, written, or delivered by second parties directed towards SwagataMobiles.In or any of its employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
4. Any conduct viewed as violating this section shall be considered a violation of this TOS. SwagataMobiles.In will be the sole arbitrator in regards to what is deemed a violation.
5. No refunds shall be given when the contents of this section necessitate the removal of the account.
Cancellation of Services
1. You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
SwagataMobiles.In 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 SwagataMobiles.In are resold. Thus, certain equipment, routing, software, and programming used by SwagataMobiles.In are not directly owned or written by SwagataMobiles.In. Moreover, SwagataMobiles.In holds no responsibility for the use of our client’s 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 SwagataMobiles.In sees fit. FURTHERMORE, SwagataMobiles.In retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
2. SwagataMobiles.In reserves the right to amend these TOS at any time.
3. It is your responsibility to check these Terms of Service on
the occasion for any such amendments.
4. Some shared hosting plans are for web hosting purposes. we do not allow the hosting of downloadable files like mp3, wallpaper download site, movies downloading/streaming site or bot site under our hosting. All such sites will be suspended by our server team without any prior notice.