Terms & Conditions - BDiT.COM.BD

Desh Hoster’s Terms of Service

All editorial contents and graphics on this site are copyrights of AmarHoster, and AmarHoster’s logo is a registered trademark of AmarHoster for trading web service solutions. All customers must abide by the following Terms and Conditions of service, AmarHoster provides web services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Description of service

Our web-based Service allows users who register for an account (each an “Account Holder”) to create and update an online web site. Any new features on the Service, including the release of new WordPress Hosting tools and resources, shall be subject to these Terms. To use the Service, You must have access to the Internet, either directly or through devices that access web-based content, and You must pay any fees associated with Internet access. In addition, You must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer.

WHO WE ARE?

This Desh Hoster Terms Of Service agreement (hereafter referred to as the “TOS”) lays down the terms and conditions by which Desh Hoster’s Services (hereafter referred to as the “Services”) will be provided to you upon registration. You certify that you are at least 18 years of age. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Desh Hoster reserves the right to modify it from time to time, effective when notification is posted at www.deshhoster.com. No verbal or written agreement/statement by any Desh Hoster employee or at Desh Hoster’s website will take precedence over the TOS. On registering for and using any Services provided by Desh Hoster, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells/represents the Services he or she is paying for, the Customer will be responsible for his or her Clients. Desh Hoster only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that Desh Hoster deems inappropriate may result in the termination or suspension of the Services for the Customer.

1) NEW ACCOUNTS

We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up-to-date at all times.

If you have a domain name registered with AmarHoster, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) are correct and up-to-date. AmarHoster is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should log in to your client’s area and change them by yourself. Providing false contact information of any kind may result in the termination of your account.

2) TRANSFERS

Our migration team will make every effort to help you move your site to us. However, transfers are provided as a best effort service by our migration team, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 3 (three)days from your sign up date.

3) SATISFACTION GUARANTEED

7-Day Guarantee Statement valid only for Web Hosting service. If for any reason you are unhappy with the services you receive from AmarHoster during the first 7 days of service (Only Web Hosting), you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund*. You must also state a detailed reason as to why you are canceling (as we request any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. If the client violated the terms and conditions and was suspended a case refund will not be offered also if He/She asked for cancellation and then agreed to continue using services can’t ask a second time for a refund.

Proprietary Rights

The Service, all confidential and proprietary software used in connection with the Service, Materials, and all other materials and services provided by or through WordPress Hosting is owned by AmarHoster or other parties that have permitted the use of their materials, content, or provided services to Us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.

“Materials” means any necessary software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof.

Desh Hoster gives You permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. This permission does not permit You to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein or without Our prior consent or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.

All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of AmarHoster or their respective owners. Except as otherwise specifically provided herein, no permission or right to use any Mark is granted without the express written permission of AmarHoster or the respective third-party Mark owner.

We do not want to receive confidential or proprietary information from You through the Service or by email. Unless otherwise agreed in writing by an authorized AmarHoster representative, any material, information or idea You transmit to Us by any means may be disseminated or used by Us without compensation or liability to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to Our Privacy Notice.

YOUR OPTIONS

Correcting/Updating Personal Information: If a customer’s information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer’s personal data in our records. In most cases, this can be achieved via our billing system at https://panel.deshhoster.com/ or by emailing us at info@deshhoster.com.

Opt Out: If a customer’s information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer’s personal data in our records. In most cases, this can be achieved via our email at info@deshhoster.com.

Public Forums: Please remember that any information you may disclose or post on public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from our community forums or testimonials, contact us at (info@deshhoster.com). In some cases, we may not be able to remove your personal information, in which case we will let you know why we are unable to do so.

DATA SECURITY

4) PAYMENTS

When you subscribe to our services, you are subscribing to a pre-paid service and all the ITES (domain registration, web hosting, SSL, SiteLock etc.) services.
All due payment invoices can be paid online using Aamarpay, bKash, PayPal, and also through an offline method like Bank Transfer. all online methods payments are subject to an additional payment gateway fee and it’ll be added automatically as you will choose the payment methods in your Clients Area > Invoice.
Renewal notices are sent several times via email from 30 to 1 day before the renewal date. We only accept Aamarpay, bKash, PayPal, Bank Transfer, and Walk-in-Payment at our operation office for payment of services. In the event that your yearly charge is denied and we are unable to contact you, then the aforementioned late fees to enable your account shall apply. Please address any questions regarding payment to AmarHoster sales from our clients’ area.
If a shared/reseller/VPS/Dedicated/Email Server/Spam Filtering/File Hosting etc. account has a past due invoice, we will perform the following actions.
1 Day – No Action Taken
3 Day – Accounts are suspended
5 Day – Late Fee Added
7 Day – Accounts will be terminated

5) CANCELLATIONS

If you wish to cancel your services, you must write to sales or request a Cancellation from your client’s area.

6) OVERAGE CHARGES

If for any reason, Desh Hoster fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Desh Hoster to suspend or terminate your services prematurely. In the event, you request account cancellation, once your service has been canceled your account will be suspended from use. It will then be deleted within 7 days. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 7-day period. If a customer has more than one account under his name, AmarHoster reserves the right to suspend all the accounts due to a non-payment of one or more accounts till all the payments are cleared.

*No domain refunds will be made once any domain registration or transfer has been initiated.

*Any VPS or Dedicated Server is completely non-refundable

*No refund will be admissible if your service is canceled/suspended/terminated due to non-compliance with our terms.

*Money deposited in the client’s account is non-refundable, it can be used to purchase any service.

*Cancellation requests from any location other than the client area will not be accepted.

*After submitting the cancellation request, the account cannot be reactivated in any way, you have to purchase a new package.

*After submitting the cancellation request the billing department will open a ticket, then it may take from 1 day to maximum 7 days depending on the gateway. Sending charges/gateway charges/cash out charges will be deducted for any refund.

*If you take a credit balance refund to the Amarhoster account, you will get the refund within 1 minute-1 hour, you must write the credit balance refund on the ticket.

*No refunds are given on Pay Per Use packages and once a user takes a refund, he/she cannot take a refund later.

*Refunds are not applicable in case of abuse

8) CONTENT

All services provided by Desh Hoster. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State, or Bangladesh Government’s local law is prohibited. This includes, but is not limited to copyrighted material, the material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secrets or other laws. The subscriber agrees to indemnify and hold harmless Desh Hoster, from any claims resulting from the subscriber’s use of Desh Hoster’s services which damages the subscriber or any other party.

Desh Hoster believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customers will be allowed a zip file of their files): racism or prejudice due to color, creed, or belief; profanity or obscene language towards anyone but yourself; any violent/malicious content. We prefer that you self-govern your content and are responsible for what your website provides.

We do not have the resources and time needed to govern our servers constantly which have growing and evolving content. However, if Desh Hoster is made aware of any questionable content on a Desh Hoster-hosted site, we will address the concerns directly with you and seek an amicable resolution. If anyone contacts us about content they have found on a Desh Hoster server/network that copyrights their own material or that they wish to be removed, we require legal documentation to take any further action.

We prefer that you self-govern your content and are responsible for what your website provides. We do not have the resources and time needed to govern our servers constantly which have growing and evolving content.

We do not allow Web Proxy Services / Scripts or file hosting services on our shared web hosting server or web hosting plans. No remote uploading/processing scripts usage like the rapid leech, Phpmusicsearch, Rapidshare premium link generator, etc are not allowed on our shared web hosting server. Torrent seeding using torrent flux or similar script may also cause a suspension in our network immediately. You are also not allowed to host an Image/Video Hosting site with us on our shared web hosting server or web hosting plans which takes lots of CPU resources and abuse the server memory, but such materials aren’t limited to our VPS/Dedicated Server plan. Although, we do not allow any kind of video streaming using FFMPEG or any format on the shared web hosting server, though if malicious material is found through a complaint from the abuse department, certain action will be taken in an urgent manner. But no video streaming matters are not limited on our VPS/dedicated server plans.

On shared web hosting service/server user only can host media files (mp3/music, image, video etc.) with the size under 20Mb which must needs to be linked to the HTML/Script files or for the need of the hosted website. But the media files ratio must not be more then 10% of the HTML/Script files. Any larger amount of media hosted on the shared web hosting service/server plan will be considered as abuse and will subject to immediate termination of that account without any notification. But no such restriction is placed for the VPS or Dedicated Server hosting plans.

Examples of prohibited content or links include (but are not limited to):

Topsites IRC Scripts/Bots Proxy Scripts/Anonymizers Pirated Software/Warez Image Hosting Scripts (similar to Photobucket or Tinypic) AutoSurf/PTC/PTS/PPC sites IP Scanners VPN Services Bruteforce Programs/Scripts/Applications Mail Bombers/Spam Scripts Banner-Ad services (commercial banner ad rotation) File Dump/Mirror Scripts (similar to rapidshare) Commercial Audio Streaming (more than one or two streams) Escrow/Bank Debentures High-Yield Interest Programs (HYIP) or Related Sites Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) Sale of any controlled substance without prior proof of appropriate permit(s) Prime Banks Programs Lottery Sites MUDs/RPGs/PBBGs Hateful/Racist/Harassment oriented sites Hacker focused sites/archives/programs Sites promoting illegal activities Forums and/or websites that distribute or link to warez/pirated/illegal content Bank Debentures/Bank Debenture Trading Programs Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) Mailer Pro VPN Services

Examples of unacceptable material on all VPS/Dedicated/Cloud servers include:

IRCD (irc servers) IRC Scripts/Bots Pirated Software/Warez IP Scanners Bruteforce Programs/Scripts/Applications Mail Bombers/spam Scripts Escrow VPN Services

High-Yield Interest Programs (HYIP) or Related Sites Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) Sale of any controlled substance without prior proof of appropriate permit(s) Prime Banks Programs Lottery Sites Hateful/Racist/Harassment oriented sites Hacker-focused sites/archives/programs Sites promoting illegal activities Forums and/or websites that distribute or link to warez/pirated/illegal content Bank Debentures/Bank Debenture Trading Programs Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) Mailer Pro VPN Services

Using any shared web hosting account provided by Desh Hoster as a backup/storage (files/database dump/file sharing media etc.) device is not permitted. Desh Hoster’s shared web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. A shared web hosting account is for website storage only not for using it as a remote file storage service or for hosting file storage applications (eg. File Cloud, OwnCloud, NextCloud, RapidLeech, etc). If we find any shared web hosting account involved with such activity, we will be considered as abuse of Desh Hoster’s TOS and is subject to immediate suspension/termination of the service. But backup/storage matters are not restricted on the VPS/Dedicated Server plans.

Direct customers: Your services will be terminated with or without notice.

9) ZERO-TOLERANCE SPAM POLICY

Desh Hoster has a zero-tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as spam mail. The definition of spam: An electronic message is spam mail IF:

(1) the recipients personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND(2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with UCE/UBE Abuse if you send an email to persons who have not specifically asked to receive the email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any Desh Hoster customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively affect that servers uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail. Bulk mailings must specifically state how the persons e-mail addresses were obtained and must indicate the frequency of the mailing. Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid address may be used instead. All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address. All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to AOL upon request.

Sending Unsolicited Bulk Email. The sending of any form of Unsolicited Bulk Email through Desh Hoster servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Desh Hoster servers, is prohibited. Desh Hoster accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Desh Hoster customers must be Closed-loop. The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Desh Hoster-hosted domain, or referencing any Desh Hoster account, is prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

10) SCRIPT USAGE POLICY

DeshHoster provides our clients with Web Hosting accounts that permit the use of CGI files, PHP scripts, and other executable programs. Because these scripts use much more system resources than standard HTML pages, certain restrictions must be made governing the use of such “active content” systems. We regret that in many cases we are unable to determine what specific script or application is causing the system resource over-run. Under most circumstances, we are able to pin-point it to the offending account on the system. The following rules apply to all “active content” files as listed above:

The script must use low system resources. Scripts that consume a large amount of our RAM or processor will be subject to immediate suspension until the owner can be notified and an alternative solution is reached.
Each user account may not use more than 20% of system resources at any given time. If an account is consistently using 20% or greater system resources, the account holder will be warned and if no action is taken on behalf of the account holder the account may be suspended.
The scripts may not interact with any server configuration or hardware. Accounts running these scripts are subject to immediate account termination without refund.
The script can not be used or referenced from any other site not hosted by DeshHoster.

The script must execute in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are found in your account the account will be terminated immediately and your actions will be reported to the proper local, state, and federal authorities and legal action will be taken to prosecute the account holder to the fullest extent of the law by DeshHoster.
Perl-based chat room scripts are strictly prohibited.
Scripts that require high-bandwidth usage, such as non-Perl chat room scripts or banner rotation scripts, will be allowed to run only on our VPS/Dedicated Server accounts.
Scripts must be kept secure. Unnecessary chmoding scripts to 777 is a violation of this policy. Keeping scripts in a publicly viewable directory (one without a index.html file) is also in violation of this policy.
Ensuring security of your website script is totally your responsibility. DeshHoster won’t take any liability to any kind of loss happens to your account because of the leak or backdoor of your script.

NOTE: If a script will NOT execute with permission other than 777 (rarely the case) you may contact customer care to get approval for the script which will be given under most circumstances.

Any accounts with scripts found in violation of these policies are subject to the future scrutiny of all CGI, Perl, CFM, ASP, and PHP scripts by our System Administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without refund of any pre-paid monies.

Violations of the Terms of Service will waive the refund policy.

11) RESOURCE USAGE POLICY

11. a) Server Resource Abuse Policy (SRAP):

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given the option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and AmarHoster does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory can be used by anyone’s account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP, and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

AVERAGE SERVER RESOURCE LIMITS

Memory usage may not exceed 10% per account/file/application
CPU usage differs in the different shared hosting plans, which are found on their plan details page.
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
250 emails per hour, per domain
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
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.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes.
When using PHP include functions for including a local file, including the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

Desh Hoster

Complete Online Solutions and Infrastructure Service Provider. Having owned Tier III standard data center in Bangladesh, colocation data center in the USA and Europe!

Change to the TOS: Desh Hoster reserves the right to revise its policies at any time without notice.

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