Terms of Service Agreement

This document (the “Agreement”) outlines the principles, guidelines, and conditions governing the use of services and products provided by europeserverhosting.com and its sister company OnliveServer Pvt. Ltd. (collectively referred to as the “Company”). These Terms of Service apply to all customers (“Customer”) who access or use the Company’s hosting services and related products (“Services”).

These Terms of Service are designed to protect the security, reliability, integrity, and privacy of the Company’s infrastructure, network, and customer data. The Company strives to deliver high-quality, industry-standard hosting solutions and implements these policies in the best interests of both the Company and its clients. The Company reserves the right to update or modify these Terms of Service at any time. Any changes will become effective immediately upon publication on the Company’s website and shall apply to all existing and new customers. The Company shall remain the sole authority in interpreting these Terms.

By accessing or using the Company’s services and products, the Customer acknowledges, accepts, and agrees to be bound by the terms and conditions set forth in this Agreement.

Compliance With Applicable Laws

The Customer shall not upload, post, transmit, re-transmit, or store any material through the Company’s Services or Products that, in the sole discretion of the Company:

  • Violates any local, state, national, international, or non-United States laws or regulations.
  • Is unlawful, threatening, obscene, indecent, defamatory, or harmful, or otherwise adversely affects any individual, group, or entity.
  • Infringes upon the intellectual property rights of any person or organization, including rights protected by copyright, trademark, patent, trade secret, or similar laws. This includes, but is not limited to, the installation, use, or distribution of pirated, cracked, or unlicensed software.

The Customer agrees to indemnify and hold harmless the Company from any claims, damages, or liabilities arising from the Customer’s use of the Services and Products that result in harm to the Customer or any third party. The Customer is solely responsible for determining which laws and regulations apply to their use of the Company’s services.

Prohibited Use of Services and Products

In addition to all other Terms of Service requirements, Customers may use the Services and Products only for lawful and intended purposes, as determined by the Company. Any use that, in the Company’s sole judgment, is inconsistent with the nature, security, or purpose of the Services is strictly prohibited.

If a Customer is uncertain whether a specific activity or use is permitted, they must contact the Company in advance for clarification. Without limitation, the Company expressly prohibits any use of its Services and Products that violates this Agreement, applicable laws, or industry-standard acceptable use policies.

Prohibited Content and Activities

Under all Company services, pornographic content and any merchandise or material related to it are strictly prohibited. This includes websites that host, display, or link to external adult or pornographic content. In addition, the following types of content, services, or activities are not permitted on the Company’s servers:

  • Online gaming rooms, MUDs, IRC services, IRC bots, and Eggdrop programs.
  • “Hacker” tools, exploit scripts, or malicious software.
  • Anonymous or public proxies, proxy services, and VPN relay services.
  • Warez sites, software archives, or repositories distributing illegal, pirated, or unlicensed software.
  • Any form of unlawful software, cracked applications, or unauthorized shareware.

Websites or services offering online gambling, casino platforms, offshore sportsbook betting, or online lottery services are also strictly forbidden. The installation, use, or distribution of pirated or improperly licensed software constitutes a violation of copyright, intellectual property, trade secret, patent, or related laws and is not allowed under any circumstances.

Hosting or operating online booking systems, IRCTC-related services, government-related websites, or financial or payment-based platforms on the Company’s servers—whether locally or online—is considered a direct violation of our Terms and Conditions. The Company reserves the right to immediately suspend or terminate services, and where necessary, to initiate legal action without refund. Any activity that restricts, disrupts, or interferes with the use or enjoyment of the Company’s Services or Products by any individual or entity is strictly prohibited.

System and Network

The following activities are strictly prohibited on the Company’s network, servers, and infrastructure:

  • Introducing malicious software, including viruses, worms, trojans, or malware, into Company systems.
  • Attempting or causing security breaches or disruptions to internet communications, including unauthorized access to data, servers, or accounts.
  • Network disruption activities such as port scanning, flood pinging, packet spoofing, forged routing information, or similar techniques.
  • Performing any form of network monitoring or packet sniffing that intercepts data not intended for the Customer’s server.
  • Circumventing or attempting to bypass user authentication, access controls, or security mechanisms of any host, network, or account.
  • Interfering with or denying service to any user or system, including Denial of Service (DoS/DDoS) attacks.
  • Using scripts, programs, commands, or messaging systems designed to disrupt, disable, or interfere with user sessions, either locally or over the internet.
  • Creating or maintaining an artificial full-time connection on a Company-provided account using automated tools, scripts, or software.
  • Attempting to bypass, alter, or manipulate monitoring systems, bandwidth usage tracking, log files, or utilization reports maintained by the Company.
  • Engaging in any activity that, in the Company’s sole discretion, negatively impacts its operations, reputation, or service quality.
  • Any use of resources or business practices deemed unacceptable or abusive by the Company.

Unsolicited Commercial Email (UCE) & Anti-Spam Policy

The Company maintains a strict zero-tolerance policy toward unsolicited commercial email (UCE), commonly known as email spam. Any violation of this policy may result in immediate suspension or termination of services.

Prohibited Activities:

Customers are strictly prohibited from engaging in the following activities:

  1. Sending unsolicited commercial email messages, including junk mail or advertising content, to recipients who:
  2. Did not explicitly request such communication.
  3. Are not existing customers.
  4. Do not have an established business relationship with the Customer.

Sending UCE that references:

  • Any email address associated with a domain hosted by the Company.
  • Any domain name hosted by the Company.
  • Any IP address owned or operated by the Company.

Posting advertisements on IRC, ICQ, forums, or public chat systems that include:

  • Email addresses hosted by the Company.
  • Domains hosted by the Company.
  • IP addresses belonging to the Company.
  • Unauthorized use, spoofing, or forging of email headers or sender information.
  • Collecting responses or sending solicitations to email addresses other than those associated with the Customer’s authorized account, with the intent to harass or gather replies.
  • Creating, distributing, or forwarding chain letters, pyramid schemes, or similar fraudulent campaigns.
  • Using unsolicited email originating from the Company’s network or any third-party ISP network to promote services hosted by, or connected to, the Company.
  • Any activity deemed to be unsolicited marketing, spam-related behavior, or harassment in any form.
  • Harassment of any kind, including abusive language, excessive messaging frequency, or oversized messages.

Customer Conduct Policy

The Company expects all customers to maintain a professional and respectful relationship. Any abusive, threatening, obscene, harassing, or discriminatory communication toward Company staff—via phone, email, chat, or any medium—will result in immediate service termination without notice. Such violations are not eligible for refunds or credits. The Company may request clarification from the responsible party if required.

Payment Gateway Fees

All payments made through international or Indian payment gateways, PayPal, or other processors are subject to gateway fees, which must be borne by the customer. Bank transfers are exempt. Payment and tax credit policies for India and UAE users apply as per applicable regulations.

Indian Users (europeserverhosting.com):

Invoices for users registered in India will be generated by europeserverhosting.com and will include an 18% GST.
To be eligible for GST credit, payments must be made directly to OnliveServer Pvt. Ltd., India bank account or through an Indian payment method, such as UPI, Debit Card, or Credit Card via an Indian Payment Gateway. The payment must originate from an Indian bank account and be in the name of the company claiming the GST credit.

UAE Users: – Currently, VAT is not applied due to the absence of a VAT registration number. However, VAT will become applicable once registered.
To receive VAT credit when it is introduced, UAE users must make payments from a UAE-based account via an International Payment Gateway such as Stripe, PayPal, or through bank account transfers to Europeserverhosting.

User Responsibility : – It is the user’s responsibility to verify the company name and applicable tax amount while placing orders. Correct details are essential for eligibility for tax credits.
If there is any mistake in the order placement or registration details, users must notify us within 12 hours via a support ticket. Failure to do so will result in the invoice details not being updated, potentially leading to the loss of tax credits. The company is not liable for such user errors. This policy ensures that tax credits are granted only when payments meet the specified requirements for each jurisdiction. Please make payments accordingly to benefit from tax credits.

Payment Verification and Email ID Policy

PayPal Payments: If a payment is made using PayPal from an email address different from the one registered in the client area, the user must provide a reason for this discrepancy. This ensures consistency and security in our records.

Purchasing for Another Person: If a user purchases services on behalf of another person, they must provide proof of authorization. This should be an email from the person whose email ID is used for the payment, granting permission to make the purchase. This email must be sent to [email protected].
If a user uses another person’s account to make a payment for their own service, they must obtain authorization from the account holder. An authorization email must be sent from the payee’s account email ID to [email protected]. Failure to provide this authorization will result in the ineligibility to receive the service, as well as any refunds or credit back under our policy.
Non-Compliance: – In cases where the above conditions are not met, services will not be activated. Additionally, the user will not be eligible for any refunds or credit back under our policies. This policy is designed to protect against unauthorized transactions and ensure that all payments are properly documented and authorized.

Indemnification of Provider/Relationship of Parties

  • Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
  • Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.

Security/Software

  • Customer agrees not to attempt to undermine or cause harm to any server, software, system, or customer of the Company.
  • Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
  • Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
  • Uploading a virus to a Company server will result in account termination, service charges, and/or prosecution.
  • Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.

LIMITATION AND EXCLUSION OF LIABILITY

To the maximum extent permitted by applicable law, OnliveServer Pvt. Ltd. (the “Company”) shall not be liable for any loss, damage, unauthorized access, alteration, theft, or destruction of data or information submitted to, stored on, transmitted through, or made available via the Company’s services. The Company, including its affiliate and sister consultancy entities, shall not be liable under this Agreement or otherwise for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of data, revenue, profits, or business interruption, even if advised of the possibility of such damages.

In all cases, the maximum aggregate liability of the Company for any claim arising out of or related to this Agreement—whether based on contract, warranty, negligence, strict liability, misrepresentation, or any other legal theory—shall be strictly limited to the amount actually paid by you to the Company for the services during the thirty (30) days immediately preceding the event giving rise to the claim.

The fees charged for the Company’s services are based on this allocation of risk, and by using the services, you agree to release and hold harmless OnliveServer Pvt. Ltd. from any claims or liabilities exceeding the limits set forth in this section. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the Company’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.

Service Interruption & Force Majeure

You acknowledge and agree that OnliveServer Pvt. Ltd. shall not be liable for any temporary delays, outages, or interruptions of services. The Company will not be responsible for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, mechanical or electronic failures, network issues, third-party service provider failures, or communication disruptions.

Scheduled & Emergency Maintenance

OnliveServer Pvt. Ltd. reserves the right to temporarily suspend services for system maintenance, repairs, upgrades, or network improvements. While reasonable efforts may be made to notify customers in advance, the Company is not obligated to provide prior notice for any maintenance activity.

Backups & Data Responsibility

All services are used at the customer’s sole risk. The Company is not responsible for any data loss, file corruption, or server content. Even if backup services are offered, the customer remains fully responsible for maintaining independent and up-to-date backups of all data stored on or transferred through the server.

Violations & Account Termination

Any attempt to compromise, disrupt, or damage the Company’s servers, network, or another customer’s services is strictly prohibited. Violations of these Terms may result in immediate account suspension or termination without notice and without refund. The Company reserves the right to pursue legal action, impose service charges, or both, where applicable.

Abuse Toward Staff

Any abusive, threatening, or disrespectful behavior toward Company staff will result in immediate service termination without refund.