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 UDH (“UDH,” "us,", "our" ). UDH is the trade name of UDH Internet Services Pvt Ltd. By purchasing one or more Services from UDH, 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 UDH website. It is essential that you read this TOS prior to purchasing any Service(s) from UDH.

The TOS apply to all Services provided by UDH 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 UDH. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. UDH reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when UDH decides that the account has been inappropriately used or otherwise.

UDH reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.

Refer General Acceptable Use Policy for complete details on prohibited content and activities.

In compliance with DMCA act, UDH 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 abuse@ultimatedomain.hosting

If the customers 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, which ever is earlier. The account would be reactivated in the following month.

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.

9. Permitted CPU and Disk Usage

1. The space on the Shared hosting server can only be utilized for web files, and hosting a user's website. This space should not be used for media storage or for storing other data such as storing electronic files, saving website backup, FTP host or for demo purposes. We hold the right to inspect every shared hosting account for extra utilization of disk space, CPU and other resources that may be violated of this Agreement or the AUP.
2. We may terminate access to the Services at our sole discretion, or takedown or erase User Content for those accounts considered to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage limits will depend on the amount of resources allocated to the plan that you have purchased.

10. Reseller Terms and Client Responsibility

1. Using a shared hosting account to resell web hosting to others is not allowed. Reseller hosting plans to be considered if you want to become our reseller.
2. Resellers must assure that each of its clients, follow this Agreement.
3. Resellers are completely responsible for supporting their clients including customer service, billing and technical support. We are not liable to provide support to Reseller Users. Any assistance needed for the client's issue must be reported by the reseller on the user's behalf.
4. Resellers are solely responsible for any content that is stored or transferred under their reseller account and the actions of their Users. We may hold any reseller responsible for any activity from their client's account that violates the law or this Agreement.
5. The Company shall not be kept liable for the acts or omissions of our resellers. The reseller hereby promises to indemnify the Company to and against any and all claims brought by any Customer resulting from the actions or omissions of the reseller.
6. The Company retains the right to review our Reseller plan anytime necessary. Changes shall take place as posted publicly or at any later date as the Company can designate.

11. The Company as Reseller or Sublicensor

1. We may use certain third-party services, hardware, software and equipment and use it as a reseller or sublicensor.
2. We are not liable for any modifications to the Services that cause any Resold Products to become outdated, including improvements or adjustments that otherwise influence the output of the services.
3. Any failure or defects of Resold services, whether sold, sub-licensed, or given to you by us, shall not be considered to be a violation of the Company's obligations under this Agreement.
4. Any rights or suggestion you may have concerning the possession, licensing, performance, or infringement of any Resold Product shall be limited to those rights which the manufacturer of such Resold Product extends to you.
5. You are qualified to use any Resold Product that we provide only concerning your use of the Services as permitted under this Agreement.
6. No attempt shall be made to clone, change, reverse engineer, or tamper with or use any Resold Product other than in connection with the Services.

12. Uptime Guarantee

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

13. Account Security and Company Systems

1. 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.
2. Your password provides access to your account. It is your responsibility to keep your password secure.
3. Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
4. Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
5. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
6. 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.
7. 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. UDH 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.
8. It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the 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 username and password. You are required to 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 or update your password before suspending your account.
9. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
10. 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 requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
11. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
12. We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

14. Billing Policy

1. If paying via credit card, debit card, net banking, PayPal 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.
2. The 30 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
3. 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.
4. The modifications done in pricing pattern or policy by the software license company will take effect immediately on UDH clients.
5. The money back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting and Email hosting.
6. No refund will be made if your Service(s) are suspended or terminated for cause.
7. There is 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 refund in such cases.
8. 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 violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.
9. Shared Hosting:
   Prime & Multi / W-Prime & W-Multi / Master & Expert : 1 free .COM domain is offered with purchase of every new Prime/Multi or W-Prime/W-Multi or Master/Expert plan for 1/3 years. You may transfer your existing .com domain under this offer. Domain name will be free for the first year and renewal charges will be applicable from the second year.
   
10. You must add the domain name into your cart with the hosting plan. You cannot claim the free domain later.
11. If the web hosting service includes 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 UDH if you fail to pay the difference amount.
12. 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.
13. One free WHMCS Starter or ClientExec license is included in reseller hosting plan (Pluto/Mars/Jupiter). WHMCS starter license allows you to manage upto 250 clients. You can upgrade the WHMCS license from us by paying the appropriate license cost. If the reseller hosting plan is cancelled within first 30 days then WHMCS Starter or ClientExec license cost will be deducted from the refund amount.
14. The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.
15. The refund request placed after 30 days will not be processed and you will not be eligible for any refund.
16. The cancellation request should be sent through client area.
17. After sending the cancellation request, it would take 14 days to complete the refund process.

15. Cancellation Process

1. At any point of time, you wish to discontinue our services, you can place the cancellation request through your client area. Before that, you need to clear all the pending dues (if any).
2. You can either choose immediate cancellation or request cancellation to happen once your subscription period expires. If you select immediate cancellation, you will no longer have access to your hosting plan/service. If cancellation after the tenure period is over is selected, you will continue to have access to use the Services purchased until the end of your prepaid term.
3. It is your responsibility to backup all your data before you place the cancellation request. Once you place the cancellation request all your data from our server will be deleted and it cannot be retrieved nor restored.

16. Taxes

17. Late Payment or Non-Payment

1. Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
2. If your account gets terminated, the data residing on it won't be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
3. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

18. Invoice Disputes

19. Account Termination

1. You decide to discontinue
   At any point of 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.
2. 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).
3. You did not renew
   In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 48 hours (after the expiration date).
4. You violate our Terms of service
   If you violate our terms of service during your subscription period at UDH 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.
5. 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.
6. 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 UDH before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.

20. Indemnification

1. Customer agrees that they will protect, indemnify, save and hold UDH harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against UDH, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns.
2. Customer agrees to defend, indemnify and hold UDH harmless against liabilities arising out of –
   1. Any injury to person or property caused by any products sold or distributed in association with UDH's Services;
   2. The loss of any electronic files furnished by customer (Or customer's customer);
   3. Copyright violation and any defective products sold to a customer from UDH's Services

21. Limitation of Liability

1. 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 UDH, 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
2. 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 UDH'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).
3. 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.

22. Dispute Resolution. Jurisdiction

1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and UDH shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
2. You agree that the Courts of Nashik, Maharashtra (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.

23. Certain Services; 404 Error Page

24. Price Change

25. Third-Party Beneficiaries

1. AWS: https://aws.amazon.com/service-terms/
2. WHMCS: https://www.whmcs.com/terms-of-service/
3. G Suite: https://policies.google.com/terms?
4. cPanel & WHM: https://cpanel.net/legal-notices/
5. Plesk: https://www.plesk.com/legal/

26. Change of TOS

By using our service you agree to UDH’s Terms of Service, Privacy Policy, Unlimited Hosting Policy, Policy AUP.