The use of services from Motherhost., [hereafter referred to as “Mothersoft Technologies” constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Account Setup / Email on file

We will setup 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 which 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 Mothersoft Technologies, it is your responsibility to ensure that the contact information for your domain account and your actual domain name’s is correct and up-to-date. Mothersoft Technologies is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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 contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, 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.

2.) Content

All services provided by Mothersoft Technologies may only be used for lawful purposes. The laws of the State of Tamilnadu and Government of India apply.

The customer agrees to indemnify and hold harmless Mothersoft Technologies 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 another’s 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. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared and Reseller servers include:

* Topsites
* Nulled, IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* 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

Examples of unacceptable material on all Dedicated servers include:

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

Mothersoft Technologies services, including all related equipment, networks and network devices are provided only for authorized customer use. Mothersoft Technologies 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 Mothersoft Technologies 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. Mothersoft Technologies 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 24 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 24 hours.

If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.

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.

Resellers:

we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers:

Your services will be terminated with or 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.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Mothersoft Technologies reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

4.) Payment Information

4 A.)

You agree to supply appropriate payment for the services received from Mothersoft Technologies, in advance of the time period during which such services are provided. You agree that until and unless you notify Mothersoft Technologies 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. When an account’s invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies Mothersoft Technologies of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via the cancellation form provided. 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. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Mothersoft Technologies, 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 Mothersoft Technologies of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Mothersoft Technologies. Mothersoft Technologies reserves the right to bill your credit card or billing information on file with us. Mothersoft Technologies 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 Rs.500 late fee and/or an account suspension until account balance has been paid in full. The Rs.500 late fee is applied in addition to whatever else is owed to Mothersoft Technologies 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 [email protected] 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 Mothersoft Technologies cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

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 [email protected]

Mothersoft Technologies reserves the right to change the monthly payment amount and any other charges at anytime.

4 B.)  For India Customers, Incase of TDS or other Deductions. Inorder to get credit, must provide the TDS certificates.

4 C.)  Prices of the software license fees will be revised whenever the vendor increases or due to currency fluctuations, etc., If paid in advance a seperate invoice will be raised for the balance period and that should be paid immediately, failure of such payments will invite suspension / termination of licenses.

5.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Mothersoft Technologies performs weekly backups of shared and reseller servers; however, these backups are for Mothersoft Technologies’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Mothersoft Technologies does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Mothersoft Technologies’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site contents to your personal computer! We make no guarantees about the availability of backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Mothersoft Technologies servers.

Backup Restore

The backup restore service are not included in your Hosting Fees and hence there will be an admin fees of Rs.500/- or $10 per instance in any event if you want us to restore your website from our weekly backup respository. The admin fees are payable immediately and are non-refundable. We cannot guarantee the integrity of the backup on our weekly backup repository. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Mothersoft Technologies.

6.) Cancellations and Refunds

Mothersoft Technologies reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse on our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via a cancellation form. Mothersoft Technologies gives you an unconditional 60 days money back guarantee on shared hosting, and reseller hosting for any customer who paid the first invoice with a credit card or with Paypal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

* Bank Wire /NEFT/RTGS Transfers
* Western Union Payments
* Cheques / Demand Drafts / Payorders
* Money orders
* Cash Payments

There are no refunds on VPS, dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 60 days will not be entertained.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

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

GST and Gateway fee if any will be deducted before the refund.

7a.) Resource Usage

User may not:

a) Use 20% 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.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) 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.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) 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”)
j) Any accounts that is created without updating the nameserver or with out a DNS records Pointing to our servers will be removed with or without Notice.

Shared Hosting as Backup / Storage System

Mothersoft Technologies shared hosting / reseller hosting plans are not allowed be used as a backup/storage/archive system. One cPanel/Plesk backup for that same account is allowed to be stored for no more than three calendar days. Please note that shared hosting / reseller hosting plans are for website hosting, and the storage of backups, file repositories, MP3s, videos, photo archives, email archives, file archives and similar is strictly prohibited. Violators of this policy may lead their accounts terminated without notice and refund.

The Unlimited Policy doesn’t apply to email/sql. Every unlimited shared hosting plan will have a 2GB limit for email storage and will be enforced strictly. sql have 2GB limit , Accounts found abusing our servers as email storage will be suspended / terminated with or without notice.

Every domain hosted under reseller accounts will have a 2GB limit for email storage and accounts exceeding 2GB will be suspended with or without notice.

Reselling

Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased.

Adult Content

Pornography in any form is strictly prohibited in our servers.

Chat Applications

All interactive chat web applications are strictly prohibited on shared / reseller hosting plans. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides ‘real-time’ chat is not permitted. Shoutboxes, chatboxes, live chat/live help (such as but not limited to LiveZilla) and other web based chat programs are prohibited.

Web Applications & Web Accessible Scripts

All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster you should evaluate your web based applications and scripts on a regular basis to ensure they’re secure and up to date. Blogs, CMS, Forums and any applications using a commenting system should have some form of spam protection or moderation. CAPTCHA is a popular way to eliminate spam robots from spamming your website.

7b.) INODES

The use of more than 50,000 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 30,000 inode limit will automatically be removed from our backup system to avoid over-usage. 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.

7c.) Backup Limit

Any shared account using more than 2 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.

8.) 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.

9a.) Money back Guarantee

Each of Mothersoft Technologies’s managed shared and reseller hosting plans carry a 60 days unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 60 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to VPS, dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Mothersoft Technologies will not activate new orders or activate new packages for customers who have an outstanding balance with Mothersoft Technologies. For a new order to be setup or a new package to be activated, you must have a balance of Rs.0.00, unless otherwise stated by Mothersoft Technologies in writing.

9b.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Mothersoft Technologies dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact [email protected] with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Mothersoft Technologies does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Mothersoft Technologies will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11.) Shared (non-reseller accounts) / Semi dedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers

Mothersoft Technologies reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Mothersoft Technologies reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact [email protected] if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change

We reserve the right to change prices listed on Mothersoft Technologies.com, and the right to increase / decrease the amount of resources given to plans at any time with or without notice. The Price which you see on final step of the Order Page is your final Price.

14.) Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

15a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Mothersoft Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mothersoft Technologies, 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 Mothersoft Technologies against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mothersoft Technologies; (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 Mothersoft Technologies’s server.

15b.) Jurisdiction

The laws of the Republic of India shall govern this agreement.
In any event of dispute the area of Jurisdiction would be Chennai, Tamilnadu only..

16.) Disclaimer

Mothersoft Technologies shall not be responsible for any damages your business may suffer. Mothersoft Technologies makes no warranties of any kind, expressed or implied for services we provide. Mothersoft Technologies 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 Mothersoft Technologies and its employees.

17.) Disclosure to law enforcement

Mothersoft Technologies 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.

18.) Changes to the TOS

Mothersoft Technologies reserves the right to revise its policies at any time without notice.