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Service Policy

Hostnetindia, a Hosting venture of THE PINNACLE GROUP INC.

Introduction

THE PINNACLE GROUP INC. Networks Limited ("THE PINNACLE GROUP INC.", "we", "us") provides cloud platform and configuration services, including but not limited to smart dedicated servers, graphics processing units, object storage, content delivery network service, and continuous data protection backup services ("Services"). Except as otherwise indicated, customers using the Services shall be referred to as "you" or "your".

We provide these Services subject to the terms of this document ("Terms"). Your use of the Services or your registration with us constitutes your agreement to these Terms. If you purchase our Services through a separate written agreement/master services agreement, these Terms shall be deemed incorporated into that agreement, whether specifically referenced or not. When you access or use our Website and/or the Services, these Terms shall apply and be legally binding on you, even if not accepted separately.

These Terms constitute a binding legal contract required to use our Website and Services. You may only use our Website and Services if you agree to be bound by these Terms. We may modify these Terms at any time by posting a revised version at https://hostnetindia.com ("Website"), and the amended Terms shall automatically bind you if you continue to use the Services. If you do not wish to be bound by the updated Terms, please stop accessing the Website and Services and contact us to deactivate your Customer Account. You are responsible for reviewing these Terms regularly.

1. Definitions

In these Terms, unless the context otherwise requires, the following terms have the meanings below:

1.1. Affiliates
Any entity that controls, is controlled by, or is under common control with a Person.
1.2. Applicable Law(s)
Any rule, statute, regulation, code, or order with legal force, including notifications, circulars, guidelines, or judicial interpretations, as amended.
1.3. Service Provision
Services are provided through http://billing.hostnetindia.com or manually by our provisioning team. Charges are based on usage (e.g., per GB per month, based on peak usage).
1.4. Charges
Unless availing a free trial, the amount payable for Services, computed on a time-based (e.g., per hour/month) or usage-based rate, subject to any Minimum Billing Amount.
1.5. Claims
All actions, suits, proceedings, or arbitrations, whether pending or threatened, at law, equity, or before any Government Authority or court.
1.6. Confidential Information
Includes Intellectual Property, business, technical, and financial information related to these Terms, including specifications, reports, and trade secrets.
1.7. Customer Data
All data created by or originated with you or your End Users, with ownership retained by you. Our access is limited to providing Services or legal compliance.
1.8. De-provisioning of Services
Termination of Services, release of allocated resources, and deletion of Customer Data from our servers.
1.9. End User
Any individual or entity accessing Services under your Customer Account, excluding those with their own THE PINNACLE GROUP INC. account.
1.10. Force Majeure Event
Includes significant failures, natural disasters, wars, strikes, or other uncontrollable events.
1.11. Government Authority(ies)
Any government, department, or agency with jurisdiction over THE PINNACLE GROUP INC.
1.12. Infra Credit Prepaid Customer
A customer using infra credits to avail Services.
1.13. Inherent Business Risk
Risks associated with cloud services, such as data loss due to malware or server malfunctions.
1.14. Inactive Customer
A customer who has not used Services in the preceding 90 days.
1.15. Intellectual Property
Patents, trademarks, copyrights, trade secrets, and related rights, whether registered or not.
1.16. Losses
Any loss, damage, liability, or expense related to Claims.
1.17. Malware
Malicious code that damages or disrupts systems or data.
1.18. Managed Services
Professional services for managing cloud infrastructure, provided for additional payment. Services are deemed Self-Managed unless specified.
1.19. Material Adverse Effect
Any condition adversely affecting a party’s ability to perform under these Terms.
1.20. Person
Any individual, company, partnership, or other entity, incorporated or not.
1.21. Minimum Billing Amount
Minimum usage charges for a service in a calendar month, regardless of actual usage.
1.22. Refund Policy
Policy at https://hostnetindia.com/refund-policy, as amended.
1.23. Privacy Policy
Policy at https://hostnetindia.com/privacy-policy, as amended.
1.24. Service Level Agreement (SLA)
Agreement at https://hostnetindia.com/service-level-agreement, outlining service levels, as amended.
1.25. TDS
Tax deducted at source per Applicable Law.
1.26. Term
Period from when you begin using Services until you cease using them.
1.27. Third Party
Any Person except you and us.
1.28. Variable Usage Charges
Charges varying based, e.g., backup frequency or peak storage usage.

2. Use of the Services

2.1. You must comply with these Terms and all Company Policies published on the Website, including Privacy Policy, SLA, and Refund Policy.

2.2. Registration requires providing accurate information (e.g., name, email, payment details), subject to our Privacy Policy.

2.3. We may update Services and Company Policies periodically.

2.4. We may refuse or terminate Services at our discretion, including for non-compliance with these Terms.

3. Compliance with Laws

You shall comply with all Applicable Laws, including those issued by the Ministry of Electronics and Information Technology (Meity) and The Indian Computer Emergency Response Team (CERT-In).

4. CERT-In Guidelines

You agree to comply with CERT-In Guidelines dated April 28, 2022, under Section 70B of the Information Technology Act, 2000, and provide records as requested:

  • Enable and maintain logs of ICT systems for 180 days within Indian jurisdiction.
  • Maintain accurate information for 5 years or longer, including:
    • Validated names of subscribers/customers.
    • Period of hire, including dates.
    • IPs allotted/used.
    • Purpose for hiring services.
    • Validated address and contact numbers.
    • Ownership pattern of subscribers/customers.
    • Email, IP address, and timestamp at registration.

5. Representations and Warranties

5.1. Our Representations

  • We are duly organized and have the authority to provide Services.
  • We are not insolvent, with no insolvency proceedings pending.

5.2. Your Representations

  • You are duly organized and authorized to be bound by these Terms.
  • You are not insolvent, with no insolvency proceedings pending.
  • You comply with Applicable Laws and have no fines or liabilities causing a Material Adverse Effect.
  • All disclosed information is accurate, with no misrepresentation.
  • You are 18 years or older.
  • You have understood and agree to be bound by these Terms.

6. Your Obligations

6.1. Customer Account

6.1.1. You are responsible for all actions under your Customer Account, including unauthorized use.

6.1.2. Use strong passwords and comply with data protection laws.

6.1.3. Notify us of unauthorized use or security breaches and cooperate with investigations.

6.1.4. We are not liable for security breaches beyond our control.

6.1.5. You shall indemnify us for Claims arising from security breaches.

6.2. Backup of Customer Data

You are responsible for securing and backing up Customer Data. We are not obligated to maintain backups, even if you use our backup services.

6.3. Use of Licensed Software

6.3.1. Third Party Software is subject to its End-User License Agreement (EULA).

6.3.2. Use only licensed software and indemnify us for Claims arising from non-compliance.

6.3.3. You are liable for Claims from improper use of Third Party Software.

6.3.4. We are not responsible for damages caused by Third Party Software.

6.3.5. You must update Third Party Software as notified by the provider.

6.3.6. Do not tamper with copyright or trademark notices in Third Party Software.

6.4. Reporting Errors

Report errors or malfunctions promptly. Feedback may be used to improve Services.

6.5. Legal Compliance

Ensure compliance with Applicable Laws and secure Services and equipment.

6.6. Assistance

Provide assistance as requested to facilitate Services.

6.7. Computing Environment

Ensure a stable computing environment to support Services.

6.8. Proprietary Notices

Do not tamper with copyright or trademark notices in our content or software.

6.9. Ethics and Transparency

Act ethically and avoid misleading statements about us or our Services.

6.10. Timely Payments

Pay invoices on time as per due dates.

6.11. Monitoring Resources

Monitor and maintain your cloud server resources.

6.12. CERT-In Compliance

Comply with CERT-In Guidelines as outlined in Section 4.

7. Seizure of Data and Hardware

7.1. You are liable for costs related to data or hardware seizure by a Government Authority.

7.2. We are not liable for data loss due to seizure and may not notify you of such actions.

8. Business Risk and Losses

You assume all Inherent Business Risks and indemnify us for related Claims or Losses.

9. Third Party Audit

Cooperate with Third Party audits of licenses/software. Non-cooperation may lead to Service termination.

10. Regulation of Use of Services

10.1. Customer Data

We do not control Customer Data. You are responsible for its legality and compliance with Applicable Laws and Company Policies.

10.1.1. End User Customer Data

Ensure End Users comply with these Terms and suspend access for violations.

10.2. Prohibited Activities

You and End Users must not engage in activities such as:

  • Hosting or sharing unauthorized, defamatory, or illegal content.
  • Infringing intellectual property rights.
  • Sending SPAM or engaging in fraudulent activities.
  • Using Services for illegal purposes or distributing Malware.
  • Reverse engineering or modifying Services.

10.2.2. Remedying Prohibited Activities

Remedy any Prohibited Activities immediately, including suspending End User access.

10.2.3. Consequences of Prohibited Activities

We may impose penalties (INR 5,000+ per instance) or suspend/terminate Services for Prohibited Activities.

10.2.4. Abuse of Services

Activities like DoS attacks, restricting system access, or unauthorized monitoring constitute Abuse of Service.

10.2.5. Cooperation with Investigations

We may permit Government Authority inspections and report violations without notice.

10.2.6. Consequences of Violations

Actions for violations include warnings, suspension, termination, or legal proceedings.

10.3. Disproportionate Costs

We may terminate Services if your conduct imposes disproportionate legal or administrative costs.

10.4. Criminal Offense

Report violations that may constitute criminal offenses.

11. Facilities

11.1. Monitoring Equipment

We may install monitoring equipment/software. We are not liable for losses due to uncontrollable activities like Malware attacks.

11.2. Usage Measurement

We may measure usage (e.g., HTTP requests, data traffic) for quality and billing purposes.

11.3. Service Requests

Raise service requests as instructed (currently via cloud-platform@THEPINNACLEGROUPINC.networks.com). We are not liable for issues arising from service requests.

12. Server Reboots (On/Off)

12.1. You may manage server reboots via http://billing.hostnetindia.com. We are not liable for delays or losses from improper reboot execution.

12.2. We may reboot servers for maintenance. You must maintain data redundancy. We are not liable for reboot failures.

13. Maintenance and Support

13.1. We may conduct scheduled or emergency maintenance, affecting Service access. You must cooperate during these periods.

13.2. We provide round-the-clock support and warranty for our equipment, but not for hardware not supplied by us.

14. Terms of Free Trial

14.1. Free trial usage is governed by these Terms.

14.2. Free trials are granted at our discretion.

14.3. Free trials are typically granted within 7 days.

14.4. We may cancel or modify free trials without notice.

14.5. Free trials may be canceled for Term violations.

14.6. You are liable for any issues arising from free trial use.

15. Limitation of Liability

15.1. Our liability is limited to one month’s fees paid prior to the claim event.

15.2. We are not liable for special, indirect, or consequential damages.

16. Limited Warranty

We provide Services per the SLA but disclaim all other warranties. You are responsible for securing your systems and data.

17. Consideration

17.1. Infra Credit Prepaid Customers: Invoices reflect purchased infra credits, subject to taxes. Maintain sufficient credits to avoid suspension.

17.2. Other Customers: Pay invoices per billing period, including Variable Usage Charges. Non-payment may lead to suspension.

17.3. Keep billing information accurate.

17.4. Inactive Customer credits may be invalidated after notice.

17.5. Request invoice changes within 7 days at billing@thepinnaclegroup.in.

17.6. Pay in the invoiced currency, bearing any foreign remittance charges.

17.7. We may revise prices or plans with notice, if feasible.

17.8. Payments are made via direct transfer, cheque, or online methods. Interest of 1.5% per month applies to overdue invoices.

17.9. Third-party payment processors may have additional terms.

17.10. Non-payment may lead to legal action and collection costs.

17.11. Submit TDS certificates quarterly by specified deadlines, or pay withheld amounts.

17.12. Pay full invoice amounts, including TDS, and claim refunds with valid TDS certificates.

17.13. Pay applicable GST and taxes.

17.14. Provide a valid GSTN. Invalid GSTN may result in loss of input credit.

17.15. Non-payment due to banking disruptions may lead to suspension.

18. Confidentiality

Safeguard our Confidential Information with reasonable care, using it only as permitted by these Terms.

19. Security and Disclosure of Customer Data

19.1. Security Measures

You are responsible for securing and backing up Customer Data. We are not liable for data loss.

19.2. Disclosure of Customer Data

We do not maintain Customer Data copies unless required by law and may disclose data to Government Authorities without notice.

20. Suspension of Services

20.1. We may suspend Services for reasons including non-payment, Term violations, or security risks.

20.2. Access to Customer Data may be restricted during suspension.

20.3. Reactivation requires payment of outstanding amounts, TDS, reactivation fees, and interest.

20.4. You remain liable for fees during suspension.

20.5. We are not liable for damages from suspension.

20.6. Suspension may apply to all your accounts.

20.7. Services may be suspended if linked to another suspended account.

20.8. Reactivation may take up to 48 hours after payment.

20.9. Consequences of De-provisioning: De-provisioning may include deletion of Customer Data and resource reallocation, with no refunds.

20.10. We are not liable for damages from actions under this clause.

21. Indemnification

You shall indemnify us against Claims arising from breaches of Terms, Company Policies, Applicable Law, non-payment of taxes, security breaches, or Third-Party IPR infringements.

22. Termination

22.1. Terminate Services by emailing billing@thepinnaclegroup.in or via http://billing.hostnetindia.com.

22.2. Non-payment or failure to provide TDS certificates may lead to suspension/de-provisioning.

22.3. We may terminate Services for fraudulent use, legal violations, or material breaches.

22.4. Termination may occur if you cease operations or enter insolvency proceedings.

22.5. Effects of Termination

  • Customer Data and backups are removed.
  • Servers may be reformatted or de-provisioned.
  • You remain liable for fees until de-provisioning.
  • Return or destroy our Confidential Information.
  • Surviving provisions remain in effect.

22.6. Handover of Data

We may assist in transitioning Customer Data for a fee under separate terms.

23. Proprietary Rights

We own all rights to the Services and underlying software. You are granted a limited, revocable license to use the Services. We may use your logo or name for marketing. Feedback provided by you may be used by us without obligation.

24. Miscellaneous

24.1. Entire Agreement

These Terms, Company Policies, and official communications constitute the entire agreement.

24.2. Force Majeure

We are not liable for delays due to Force Majeure Events and may discontinue Services.

24.3. Email Communication

Electronic notices via email to your registered address are legally binding.

24.4. Relationship of the Parties

The parties are independent contractors, not partners or agents.

24.5. Assignment

You may not assign rights without our consent. We may assign without notice.

24.6. No Waiver

Failure to exercise rights does not waive them.

24.7. Severability

Invalid provisions do not affect the remaining Terms.

24.8. Non-Solicitation

Do not solicit our employees during or for 2 years after Service use.

24.9. Governing Law

Governed by Indian laws, with exclusive jurisdiction in New Delhi courts.

24.10. Dispute Resolution

Disputes shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996, in New Delhi.