All users of Highladder services, and all customers upon signing up for Highladder services, agree to comply with Highladder Terms of Service (“TOS”). The spirit of the TOS is to ensure customers are using Highladder services with due regard to the rights of other Internet users and in conformity with the requirements of the Highladder network environment. The TOS are not exhaustive and Highladder reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.highladder.in or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to
[email protected]. Please see our abuse terms for more details on abuse policy. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of Highladder, this TOS supersedes any other agreement with Highladder, whether written, oral, by conduct, or otherwise.
Server Resources
Any Web site that uses 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 reduce the resources used to an acceptable level. Highladder will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be asked to move to a higher plan/VPS/Dedicated Server as per usage. Any script that consumes large amounts of resources is not allowed, such as (but not limited to): Bots, proxy scripts, rapid leech scripts, torrent related scripts, chatting or chat room scripts, PTC (Paid-to-click) site scripts, file or image hosting scripts, mail-bombers or spam scripts, topsites scripts, auto-blog scripts and plugins. Such scripts will be terminated immediately with no prior notice and account owners will not be eligible for a refund. We provide shared hosting, therefore, any script you run that will consume large amounts of resources affects other customers on your server negatively, so please use common sense when using a script. If you are unsure of any script, before running the script in your account, please contact Highladder Sales or Support to ensure the script is allowed. No account should not use more than 50% of their CPU limit consistently for more than 60 minutes. If you are consistently using 25% or more CPU, you will need to upgrade to the next available hosting plan. If you are using the maximum hosting plan and are still using 25% or more CPU consistently, then you have most likely outgrown a shared hosting environment and should therefore obtain a VPS or dedicated server to better suit your needs. Any account suspended or terminated due to violation of our Terms of Service will not be eligible for a refund, including during our 7 day money back guarantee period.
Crypto Currency Mining
Due to their resource abusive nature, any/all types of e-currency mining is not allowed on our servers. This includes all service/server types. Clients found to be knowingly and willingly mining on our servers will be terminated immediately and no refunds or credits of any kind will be given.
Spam/Bulk Mail
Highladder has a “No Tolerance” policy on Spam and bulk mail. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Highladder customers. Highladder also does not allow CAN-SPAM compliant bulk email or consider emails not Spam just because you include an Opt-Out notice. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Highladder server, and selling or distributing software (on a Web site residing on a Highladder server) that facilitates spamming. If a Highladder server IP has been blacklisted due to spamming by a users domain name hosted on our servers, the violator will face immediate termination and no refunds will be given. Highladder reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Any account suspended or terminated due to spamming will not be eligible for a refund.
Denial of Service Attacks
“Stress testing” or purposely receiving DDoS/DoS attacks is not tolerated on our servers. This also includes sending a DDoS/DoS or taking part in a DDoS/DoS from any Highladder account, be it shared/reseller/vps or dedicated server. Any account found actively and knowingly sending abusive traffic will be immediately suspended and possibly terminated with no refunds given. Offering/promoting/selling DDoS for hire services or booters is not tolerated and will cause immediate suspension/termination.
Prohibited Material
The following material is not allowed on our shared and reseller hosting servers: IRC related items Proxy scripts VPN scripts Nulled or pirated software Image or File hosting Rapid Leech scripts File sharing applications (including cloud apps such as: ownCloud, NextCloud) PTC sites Spam or bulk mail scripts Hacking sites DDoS for hire services or booters Sites that promote illegal activity Sites or forums that link to and/or distribute illegal content or copyrighted material Sites that host or link to copyrighted material without proper consent E-Currency miners Chatroom scripts Auto-blog scripts or plugins Social media (Facebook, Instagram, etc.) auto-post or auto-like scripts Escort Services or services that promote prostitution Gambling/Betting Websites of any kind
Inodes
Inodes are the amount of all the files located on your account. For example, an email stored in your account will be 1 inode, an email that contains 2 attachments will be 3 inodes. Any image, file, video, HTML file, folder and script file are each considered inodes. Inodes limit is based on the plan choosen.
Disk Space Usage
Account disk space is meant for files related to your websites only. Using your disk space for backups of any kind, file sharing or any type of short or long term storage is not permitted. This also includes the usage of cloud storage applications such as ownCloud or NextCloud that allow you to store and share files from your hosting account. Use of these applications is not permitted.
Reselling Non-Reseller Plans
Your Highladder shared hosting account may not be resold and you may not resell any shared hosting services provided by Highladder. This includes, but is not limited to, email accounts, add-on domains and FTP accounts. Violators will face immediate termination and no refunds will be given.
Reseller Plan Policy
Non-Exempt
All reseller accounts must abide by the same policies in our Terms of Service as any other account and are in no way exempt.
Abusive Clients of Resellers
Highladder reserves the right to suspend or terminate any reseller client account(s) we find to be abusive, illegal, etc. as per our regular Terms of Service abuse policy without prior notification based on the severity of the abuse.
Suspended Account Storage
Resellers are not permitted to have any account in a suspended state for a period of more than 90 days. Since this falls under our backup storage policy and the storage of backups not being permitted in your account, any reseller cPanel sub-account found to be suspended for more than 90 days will be terminated in accordance with this policy. If you have a need for the account and it will be in a suspended state for more than 90 days, we suggest making a full backup of the account and storing the backup file remotely.
Dedicated IP Address Policy
Dedicated IP addresses purchased from Highladder are non-transferrable and cannot be transferred to a new host. The assigning of dedicated IP addresses are subject to ARIN’s new policies which require justification for the need of the IP address. An example of proper justification includes, but not limited to: SSL certificates, reseller accounts and dedicated servers. Highladder will deny requests for dedicated IP addresses without proper justification.
Uptime Guarantee
Highladder guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Highladder.in has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber’s domain name, connection issues between the client’s location and Highladder.in data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Highladder.in cannot directly influence. To request a service credit due to an uptime concern, please submit a request for this guarantee via Highladder’ web site. If requesting a “service credit” we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.
Server Location
Data center Locations are subject to availability and choosing a specific location during your order does not guarantee that location. Highladder reserves the right to substitute the chosen server location as necessary and/or move accounts to other server locations as needed.
Daily Backups
Highladder performs daily full account backups on enterprise plans and weekly/monthly backups on standard plans. Daily backups include the backup of all account data, email accounts and MySQL databases. Reseller accounts and their client accounts are included in the accounts we backup as part of our disaster recovery plan, however, Resellers are encouraged to backup their own accounts as an additional safeguard. No guarantee of the backups we perform is expressed or implied.
Ownership of Web Site
The legal owner of customers’ Web sites and accounts with Highladder will be the individual or organization whose name is listed in Highladder database as the owner. Customers will fully cooperate with and abide by any and all of Highladder security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Highladder.
Illegal Use
Highladder 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 prohibited. This includes, but is not limited to: warez; nulled scripts; copyrighted material; providing access to or linking to copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Highladder services, all Highladder customers certify that they and/or the organization they represent in procuring services from Highladder are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. Highladder reserves the right to immediately terminate any account containing, providing access to or linking to illegal material. Clients terminated for violating our copyright policy or Terms of Service will not be eligible for refunds or backups of their data.
Copyright Violations
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Highladder customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Highladder customer (per the DMCA) to Highladder must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Highladder sole discretion.
DMCA Copyright Infringement Notification Requirements:
Send the notification via email to:
[email protected] Or submit a ticket to our Abuse department
Here The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512. Highladder is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Highladder will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. In the event that Highladder must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that Highladder may do so by disabling access to your entire web site or terminating your account.
Child Pornography
The use of Highladder services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Highladder is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Indemnification
Highladder customers agree to protect, defend, hold harmless, and indemnify Highladder, any third party entity related to Highladder (including, without limitation, third party vendors), and Highladder executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Highladder services.
Disclaimer
The Highladder service is 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. Highladder expressly disclaims any representation or warranty that the Highladder service will be error-free, secure or uninterrupted. No oral advice or written information given by Highladder, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Highladder and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Highladder (INCLUDING, WITHOUT LIMITATION, Highladder’ EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Highladder’ SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Highladder SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Highladder SERVICES EVEN IF Highladder HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Highladder’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR Highladder’ SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Highladder OR Highladder’ REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Highladder may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Highladder services. Certain changes to Highladder services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Highladder is not liable, for any and all such personalized applications and content, except as expressly agreed to by Highladder.
Account/Data Deletion Requests
Highladder will honor any/all requests for account/data deletion. To request us to delete your Highladder client account and/or data, please submit a ticket to our Support department. Account deletions are final and cannot be reversed, so please be sure of your deletion request.
Backup of Data
Except where Highladder has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Highladder is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Highladder services. Highladder servers are also NOT be used as a backup storage and is only for hosting files directly related to your website.
