Introduction

This agreement is between bestwebhostbd.com  (bestwebhostbd.com/) (PROVIDER) and the party as specified in the on-line application (CLIENT). Hosting services may also be provided by a company associated with BestwebhostBD.com This Trams and condition is not exhaustive and we reserve the right to add, delete, or change this policy at any time without notice, effective upon posting to our website. This policy supersedes any other agreement with us, whether written, oral, by conduct, or otherwise

Usage policy

We reserve  suspend or cancel a customer’s access to any or all services we provided when we decide that the account has been inappropriately used. In short we do not allow certain activities hosted on our servers: .

Disclaimer

Our services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. We expressly disclaims any representation or warranty that our service will be error-free, secure or uninterrupted. No oral advice or written information given by us or our representatives will create a warranty; nor may you rely on any such information or advice. Neither us, our partners or our suppliers are liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.  For your safety you need to keep backup your data . bestwebhostbd.com  not give  any compensation / take any responsibility for any data loss .

Hosting abuse/termination/suspension

1. User’s service will be suspended for sending Bulk emails from the website, webmail, or using any script.
2. Excessive server resources will result in account suspension until the user upgrades his package
3. Hosting any phishing link/script/content, drugs, pornography.
4. If you try to spread hate or conflicts between any nation, religion, society, community using our service
5. We don’t allow any scamming and spamming using our service
6. Any kind of activity on a user’s website that is prohibited by international law and his local ICT act might result in account termination. (It may also result in a temporary termination/suspension, for legal investigation)
7. Service fair usage policy violation will result in suspension.
8. We strictly prohibit anti-govt activities, cryptocurrency (for the restricted countries such as Bangladesh), any kind of money laundering activities, money, or investing scam.

 Any attempt to undermine or cause harm to a server, or customer, of ours is strictly prohibited. we  can suspend and cancel service also terminated without any prior notification and you agree that you will not even ask for data backup if you violate the termination rules 

License agreement

We used  shared license  and get  official update  for share and reseller and VPS services only primum Hosting we use verified license  . our license  system fully secured and safe and 100% stable 

Ownership of Web site

The legal owner of your web site and account with us will be the individual or organisation on record as the owner. You will fully cooperate with us and abide by any security measures and procedures we put in place due to any dispute over ownership of a web site.

Our Services

Our services include, but are not limited to:

• Any act of preparing, setting up, connecting, maintaining, terminating or recreating any aspect of your account
• Service provision, by us to you, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not
• Provision of space, internet connectivity and electrical power
• Any access or use related to the our web site and control panels
• Bespoke services provided at the request of you
• Any other service mentioned in this policy

Privacy

We take the privacy of online communications and web sites very seriously. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge you to assume that all of online communications are insecure. We cannot take any responsibility for the security of information transmitted through our network and services.

Actions Taken by Us

Failing to meet or follow this policy could be grounds for account deactivation. We will be the sole arbiter as to what constitutes a violation of this policy. We reserve the right to remove any account without prior notice and to refuse service to anyone at any time.

When we become aware of an alleged violation, we will initiate an investigation. During the investigation, we may restrict account access in order to prevent further activity. Depending on the severity of the violation we may, at our sole discretion, restrict, suspend, or terminate a web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, we will notify the appropriate law enforcement authorities. An unlisted activity may also be a violation of this policy if it is illegal, irresponsible, or constitutes disruptive use of the Internet. We do not issue credits for outages incurred through service disablement resulting from violations of this policy. Violators of the policy are responsible, without limitations, for the cost of labour to rectify any damage done to the operation of the network and business operations supported by the network, and to maintain an open dialogue with us.

Indemnification

As a customer, you agree to protect, defend, hold harmless, and indemnify us, any third party entity related to us (including without limitation, third party vendors), and our executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as us, from and against any and all liabilities, losses, costs, judgements, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting from use of our services.

Modifications to Services

We may discontinue, upgrade, replace, modify, or change, without limitation, any software, application, program, data, hardware, equipment, or components used to provide customers with our services. Certain changes to our services may affect the operation of your personalised applications and content. You are solely responsible, and we are not liable, for any and all such personalised applications and content, except as expressly agreed in writing by us.

Child Pornography

The use of any of our services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law and will immediately, notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through our services.

Adult Content

Some types of adult content is allowed. For example, we would allow nudity or an adult shopping site. However, pornographic images, pornographic videos and pornographic websites are not allowed to be hosted on any of our services.

Illegal Use

Our servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is strictly prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing our services, you certify that you and/or the organisation you represent in procuring services from us are not, nor have been designated, a suspected terrorist; is not owned or controlled by a ‘suspected terrorist’; and are not on, are not a member of, related to, associated with, or controlled by any organisations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

We also do not permit any service that can be used to facilitate illegal use or activity, such as torrent, Warez or other file sharing services.

System and Network Abuse, Viruses and Destructive Activities

Violations of system or network security are prohibited and may result in criminal and civil liability.

Use of our services or equipment for creating or sending viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use our services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Examples of system or network security violations include, without limitation the following: unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network; interference with service to any user, host or network including, without limitation, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting

If your web site is found to be the cause of a problem that brings all, or part of our network down, you may be charged a fine between £100 – £500 and may be reported to Law Enforcement Officers if it is found or deemed to be of malicious intent.

Intellectual Property

You will not, without our express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on our web site, and customers will not use any of our trademarks, service marks, copyrighted materials, or other intellectual property without our express written consent. Customers will not, in any way, misrepresent their relationship with us or attempt to pass themselves off as The Hosting Heroes.

Governing Law and Sever-ability

This policy and any other agreement for The Hosting  services, will be governed by and construed in accordance with the laws of the United Kingdom without reference to its conflicts of laws principles. Any litigation or arbitration between you and us will take place in the United Kingdom, and you will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of this policy or other agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this policy or the agreement will continue in full force and effect.

Customer Billing Policy

The following constitutes our Billing Policy and applies to all The Hosting Heroes customers.

Payments

All charges are shown in BDT GBP, USD or EUR. We accept Credit Card (Bkash ,rocket, Nagad , VISA, MasterCard,  PayPal payments.)

All payments are due on the Account Statement Date, which is defined by your chosen billing cycle and is usually the anniversary of the date to account was activated.

If you provide us with your credit card information, you authorise us to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit/debug card until such time that you cancel your account or change your payment method.

You are responsible for directly updating, or notifying us, of any changes to your credit/debit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit/debit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are seven (7) days past due will be automatically suspended.

All past due and unpaid balances may be subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees, invoices will be passed to a debt collection agency once they are 30 days overdue.

Account credit will expire if not used within 12 months of being added.

Late Fee

If an account is not paid by its due date. A late fee of 10% is automatically added to the invoice.

Billing Cycles (Terms)

The Billing Cycle begins on the Service Activation Date. You may elect to change your Billing Cycle at any time. The new Billing Cycle will only take effect at the time of the next renewal. Additional items are non-refundable.

Account Renewals

In order to ensure uninterrupted service to your website, all services will automatically renew at the end of their Billing Cycle. Renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Services are renewed for the same billing cycle as originally purchased. If you wish to cancel a service before it’s renewal, please refer to the Cancellations section below.

Money Back Guarantee

Our 30 day money back guarantee is from your initial sign-up date on our Website Hosting and Reseller Hosting services For yearly Package  . All other products such as monthly  Hosting  Package , VPS, Dedicated Servers, SSL Certificates and Domain names are excluded and do not have a money back guarantee. 

All refunds are pro-rata. If a free domain name was included with your hosting service, then WE  will be kept back from the refund to cover the costs.

Cancellations

All Services will automatically renew until a they are cancelled. In order to cancel a service, you must contact our Support Desk Team and our customer service representatives will assist you with the cancellation process. Cancellations must be submitted at least 7 days before invoice due date, cancellations after this period will still be required to pay the invoice that is due.

Refunds

Refunds are given if your product has a money back guarantee and you have given notice at least 48 hours prior to the end of the money back period. Renewals can not be refunded, you must cancel your account to void your invoice at least 7 days before your renewal date.

Hosting Plan Changes

There is no penalty fee for upgrading or downgrading to a different plan, however, you will be charged any difference between the set-up fee and package price applicable to your new and former plans.

Credit Card Disputes/Charge backs

We have a zero tolerance policy for charge backs. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at our discretion. A £25.00 charge back fee will be assessed for each credit card charge back received by us.

Fair Usage

Website Hosting plans that come with unlimited bandwidth maybe asked to upgrade to a VPS Plan if your website is deemed to have too much traffic which causes slow speeds for other users, This will likely only effect websites causing performance issues to our servers.

Reseller Hosting plans can create a maximum of 100 user accounts, anything more than this will require an additional reseller account to be purchased. Each user account can host unlimited domains, this is due to hardware costs & software licensing and general over-usage for the price of the reseller  account to be purchased. Each user account can host unlimited domains, this is due to hardware costs & software licensing and general over-usage for the price of the reseller account.

 Hosting – Inactive Accounts/Suspended/terminated

Accounts in a suspended status for longer than 30 days will be deemed inactive and will be terminated automatically.

• Notification sent at 30 days before Renew
• Account suspended at 1 days after service expired
• Account terminated at 15  days after service expired if not renew 

Server Resources

Any website that is deemed to be using a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay for additional resources (depending on which resource is required), reduce the resources used to an acceptable level or upgrade to a Virtual Private Server. We will be the sole arbiter of what is considered to be a high server usage level. Any Website Hosting, Reseller Hosting (and individual clients) account deemed to be adversely affecting server performance or network integrity will be suspended without prior notice.

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. We also do not permit CGI script sharing with web sites not hosted by us.

Chat Rooms

We do not allow Chat Rooms to the installed on Website Hosting and Reseller Hosting platforms as they tend to require significant system resources which could have an adverse affect other customers.

IRC

We do not allow IRC or IRC bots to be operated on Web Hosting and Reseller Hosting accounts.

Background Running Jobs and Cron Jobs

We may allow ad-hoc programs to run in the background. These programs will be considered on an individual basis and acceptance is not guaranteed. However, most of our control panels allow scheduled tasks or cron jobs to be created.

Server Time zone

All our servers time zones are set to UK GMT.

Viruses Uploaded to Websites

If your website contains a virus or a virus has been uploaded by the website owner or if the website is hacked in anyway, our system will automatically attempt to clean the virus, if this does not happen our system will then attempt to delete the virus. If the virus can not be deleted and several viruses are uploaded your domain name will be suspended from our hosting. 

Acceptable Use Policy: Email Services

As part of Website Hosting and Reseller Hosting, we offer all clients a mail server and related mail services. The mail server is shared with other Website and Reseller Hosting customers.

Mail Limits

The maximum number of email that can be sent out in any given hour is 30 from a domain. Each email sent must have 50 or less recipients.

For our shared hosting products including reseller hosting an email auto-clean system is set-up for all emails managed through IMAP or webmail (email stored on our servers).

• Inbox will clean any emails over 1 year old
• Deleted Items will clean any emails over 1 year old
• Sent Items will clean any emails over 1 year old
• Junk Mail will clean any emails over 30 days old.

The above default settings can be changed or disabled via webmail on the auto clean settings on our Smartermail Email Hosting, These can not be modified on our cPanel or DirectAdmin Shared/Reseller hosting.

Mass Mailing & Spam Messages sent from our servers

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to our customers.

The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted by us, and selling or distributing software (on a web site residing on one of our servers) that facilitates spamming.

Violators may be fined and will face immediate suspension. We reserve the right to determine, at our sole and absolute discretion, what constitutes a violation of this provision.

Anyone who sends mass mail and is found to cause issues to our mail service or IP reputation will be given a fine (details below) and have the domain name suspended.

Those who are found to be sending masses of spam emails will be given a flat fine to cover administration time for The Hosting Heroes to physically remove the emails from our spool.

Any email spam /bulk user that causes IP black listings will be given a fine of £500.00.

The standard fine for sending spam emails are as follows:

Domain Names and Renewals

When your domain name is due to be renewed we will send you multiple reminders from 40 days before its expiry date. 30 Days before the domain expires we will invoice you for the domain renewal, once this is paid the domain name will instantly be renewed. Invoices that are not paid after 14 days will automatically be cancelled and the domain name will expire. You will need to contact our billing team within 28 days of the invoice due date . if you wish to renew your domain name. Note some domain name extension/TLDs may occur a 30 fee for expired domains, we would notify you of this before billing you.

If you decide to transfer to another domain registrar, you can do so anytime at no extra cost from us. However You will need to transfer out your domain name at least 35-40 days before its expiry date to avoid us invoicing you for its renewal. 

Acceptable Use Policy: (For All Customers)

This policy applies to all The Hosting Heroes Ltd customers and is not product specific. When you sign up for any of our services, you agree to the following:

Your Responsibility

As a valued user of our network, we expect you to use our services responsibly and considerately, respecting the needs of our other clients. Misuse of our network that negatively impacts other users may lead to suspension or cancellation of your service.

We typically monitor our services for operational efficiency but do not actively oversee your communications or activities for policy compliance. However, if we’re alerted to any policy violations, we’ll promptly address them, which may include restricting access to our services and equipment.

If you’re reselling our services, your cooperation is crucial in any necessary corrective or preventive measures. Non-cooperation constitutes a policy breach and may lead to actions impacting your and your clients’ services.

Additionally, maintaining the security and updates of your applications, such as WordPress or Joomla, is your responsibility. Regularly check (at least four times a year) to ensure all components, including addons, themes, and plugins, are up-to-date and secure. This is vital to prevent security vulnerabilities on our servers.