Terms Of Service

The following Terms of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services, features, and/or content provided by Local2Server (“Local2Server,” "us,", "our" ). By purchasing one or more Services from Local2Server, you declare that you have read, understood, and agree to be bound by this TOS. The latest version of our TOS is always available on the Local2Server website. It is essential that you read this TOS prior to purchasing any Service(s) from Local2Server.

Customer Agreement

The TOS apply to all Services provided by Local2Server to you throughout the entire Term or Renewal Term. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on Local2Server. You shall agree to use only licensed and legal third party software in connection with your use of our services. Local2Server reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when Local2Server decides that the account has been inappropriately used or otherwise.

Content

Local2Server reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any applicable law or regulation is prohibited.

The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.

• Topsites, Ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
• Website content that promotes or advocates human trafficking in any way shape or form as determined by Local2Server’s sole discretion, sites that promote prostitution, or escort services.
• Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
• Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Local2Server.
• Embedding or uploading audio/video/high-resolution images on the website or linking to other websites that promotes audio/video/high-resolution images.
• Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
• Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, and encrypting of any of the above. It also includes any sites which provide "links to" or "how-to" information about such material.
• Games - We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.
• IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
• Local2Server reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.
• Refer to the General Acceptable Use Policy for complete details on prohibited content and activities.
• In compliance with the DMCA act, Local2Server has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected]

Abuse Of Resources

• Any attempts to compromise or actual compromise of a network device belonging to Local2Server or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners, and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• Denial of Service (DOS) attacks directed at Local2Server, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• Hosting any software, source code, or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb-making, and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
• The hosting of material that infringes on any copyright, trademark, and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
• The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress or violating trademarks, copyrights, or other intellectual property rights.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e., upgrade). Although we offer 99.95% uptime we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the Local2Server staff we have full right to remove them from our services without any refund.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.

Upon notification of an alleged violation, we will initiate a full-scale investigation during which, we may restrict customer's access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend, or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $250.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $500. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero-tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.

Bandwidth

If the customer's account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.

Account Verification

If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.

VPS Rules

We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts, and other such activities pertaining to the configuration of such VPS' themselves. The support team will not be responsible for this.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

Spamming, sending unsolicited emails from our servers, or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Local2Server would be the sole arbiter as to what constitutes a violation of this provision.

In order to ensure that our shared servers, cloud & VPS nodes, as well as dedicated server hardware node, give us the optimum performance we have set limits on the number of outgoing mails that can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 300 outgoing mails per hour, our VPS customers would be able to send 1000 outgoing mails every hour and the Cloud hosting customers may send 1500 outbound emails per hour. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.

We do not guarantee Inbox email delivery with any of our hosting plans.

Backup Policy

Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. Local2Server does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You as a Local2Server User agree that in no case, Local2Server can be held responsible for the loss of data in any circumstances.

Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of the database with a retention period of 7 days. Website backup will be taken weekly with a retention period of 1 day. Any backup copy maintained by Local2Server will not have any emails or media files included in it.

Clients using the cPanel Backup Manager tool for backups should download the backup from the server and delete it. Every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by Local2Server or our network providers will not count towards the uptime guarantee. Local2Server is not liable in any way for the failure of third party services.

Local2Server will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for the provision of the Services.

Security

You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care of and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.

You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Local2Server will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Billing Policy

If paying via credit card, debit card, net banking, UPI the account will be setup immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.

Refund is not applicable on domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365 and any other paid licenses.

The modifications done in pricing patterns or policy by the software license company will take effect immediately on Local2Server clients.

No refund will be made if your Service(s) are suspended or terminated for cause.

There is a limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won't be eligible for a refund in such cases.

The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges, or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in the violation of our terms of service or any kind of illegal or system resources over-usages.

If the web hosting service includes a free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Local2Server if you fail to pay the difference amount.

If the web hosting service was given free while transferring from different provider to local2server, the renewal must be done for same duration while transferring the hosting or at the expiry of the hosting service for same tenure.

Transfer fees would be applicable if you wish to transfer the free domain name to some other provider. Without transfer fees, the domain will not be released.

The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. The refund will be added as a credit to the hosting account.

The cancellation request should be sent through the client area.

After sending the cancellation request, it would take 4 - 5 working days to complete the refund process.

Account Termination

Your hosting account at Local2Server can get terminated due to the following reasons:

You decide to discontinue: At any point in time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours.

Cancellation upon expiration: If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date).

You did not renew: In case you fail to renew your hosting account on the due date, your hosting account will be suspended at 10:00 AM next day to the expiry date and will be terminated within 48 hours (after the expiration date).

You violate our Terms of service: If you violate our terms of service during your subscription period at Local2Server it will result in immediate account suspension and termination. As soon as we've been notified about the violation of service, we would usually take instant action.

Potential fraud: We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.

A Dispute or ChargeBack: During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with Local2Server before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.

Note: It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and Local2Server shall not be liable for the same.

Indemnification

Customer agrees that they will protect, indemnify, save and hold Local2Server harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney's fees assessed against Local2Server, its agents, customers, officers, employees, and the administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns.

Customer agrees to defend, indemnify and hold Local2Server harmless against liabilities arising out of -

• Any injury to person or property caused by any products sold or distributed in association with Local2Server's Services;
• The loss of any electronic files furnished by customer (Or customer's customer);
• Copyright violation and any defective products sold to a customer from Local2Server's Services

Limitation of Liability

To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Local2Server, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including Local2Server's licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).

You agree that the foregoing limitations apply whether based on warranty, contract, or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve-month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a consumer will not be affected.

Dispute Resolution. Jurisdiction

In the event of any dispute, controversy, or claim arising out of or related to this Agreement, you and Local2Server shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate with each other with the aim to reach a solution satisfactory to each Party.

You agree that the Courts of Tamilnadu, India shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement, and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as well as any other document entered into by the Parties shall be governed by the laws of India.

Change of TOS

Local2Server may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s), or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of this TOS.