Legal

Legal Information

Our Terms of Service have been written in order to protect our clients and ourselves to ensure we deliver a stable, reliable product and quality network. We ask that you read our policies so that you can assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone.

When you sign up for any of our services, you are agreeing to our terms of service. Although we will do our best to work with our customers in the event of a breech of policy, we will also take a firm line when necessary to protect our other customers and network.

Clients of HostINGTA, including but not limited to Virtual Account Clients, Resellers, Dedicated Server Clients, and Domain Registration Clients, are required to agree and conform to the following terms of service (TOS) and acceptable use policies. Violations of these policies may result in loss of service and/or other disciplinary action.

Terms Of Service

HostINGTA provides web hosting, domain registration, cloud and dedicated server services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of HostINGTA are subject to the following terms of service:

 

Indemnification Policy

You agree to use all HostINGTA services and facilities at your own risk. HostINGTA specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HostINGTA be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold HostINGTA harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HostINGTA, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostINGTA against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with HostINGTA’s server. HostINGTA reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. HostINGTA shall be the sole judge of what violates this Policy.

Account Access Policy:

When a client registers any type of account with GTA, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address e) Phone number f) ID (Passport, National ID, driving lisence) Should GTA suspect that any of the provided information is incorrect/fraudulent, the account may be suspended for terms of service violation until client contacts GTA and resolves the issue. GTA may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment IDs). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on GTA. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment IDs on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account and ID card that is provided at the time of signup.

Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against GTA arising out of this said policy and procedure. GTA will not be held liable for any damage or liability that may have arise out of following policy and procedure.

In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the GTA policy and procedures, then GTA is not obligated to provide access to any of the parties. Also, GTA is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.

Confidentiality:

GTA will not share any of its clients’ personal information to any third parties not related to GTA. Some of the client data may be forwarded on the following exceptions:

Upon new domain registration via respectable Hosting domain registrar, Client Information will be sent to domain registry and may appear on WHOIS based sites unless the client chooses to turn on Domain Privacy from GTA Members Area. If domain privacy is turned on, then Client Information will not be displayed on WHOIS based sites, however it will still remain on the Domain Registry for security reasons. Please mind that domain privacy is not supported on .co.uk domain registrations.
GTA will respond to court orders or other legal processes and may provide relevant information to relevant parties about the client on such a case, but will inform the end client about such process and will wait for a valid response from the end client before sending out the information to the respectable party. If the client who owns the related account fails to respond in 3 days we will send out the information to the respectable party without the confirmation of the client.
Third Party Providers – some of the information will be sent to third-party providers such as Payment Gateways, Domain registrars, Additional Service providers (Zyro Builder, Cloudflare, VestaCP, Attracta, Trendybuilder, cPanel). GTA will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to GTA clients, however no client information will be sent to third-parties not related to GTA services.

Certain services provided by hostingta.com are resold. Thus, certain equipment, routing, software, and programming used by hostingta.com are not directly owned or written by hostingta.com. GTA shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. GTA will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by GTA and GTA will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.

CGI Scripts:

Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however HostINGTA reserves the right to disable any CGI script that effects normal server operation without prior warning.
Banned Scripts or website types:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, HostINGTA reserves the right to terminate the account without the possibility of a refund (even if the 3 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then HostINGTA will inform the client about the abusive content. HostINGTA also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:

IRC scripts, eggdrops, bots, Bitcoin faucets
Mail bomber and spam scripts
Port scanners
PPC site scripts
PTC site scripts
Bruteforce Programs or scripts
File sharing, dump and mirroring service scripts (like mega, rapidshare)
Top sites generator scripts
Hacker programs, credit card dumps, hacker focused sites
Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts
Child pornography (If HostINGTA is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)

Any kind of abusive content found on our servers should be reported to abuse@HostINGTA.com. HostINGTA will handle any abuse report with the highest priority and interest. HostINGTA will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.

Freedom of speech:

The Constitution of Bangladesh respects freedom of speech. Consequently, we do not censor our members on the basis of content. The Customer is fully responsible of the content, posts, articles hosted in our servers or network. Complainer should forward copy of competent Bangladesh court order in order to request content removal, in the case that this is not possible the complainer will need to work directly with the Website operator to resolve the situation.

Background Running Programs:

Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on VPS servers are allowed and do not generate any extra charges in general.
Commercial Advertising and Spam E-mails:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $14.85 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

LIMITATION OF LIABILITY:

HostINGTA.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from HostINGTA.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, HostINGTA.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of HostINGTA.com servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@HostINGTA.com. All complaints will be investigated promptly.

DISCLAIMER:

HostINGTA intends to provide the best possible web hosting service to each of its clients. HostINGTA shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, HostINGTA.com cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, HostINGTA will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by HostINGTA. HostINGTA.com retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.

Backups Policy

GTA generates full backups of accounts every friday. If the account is bigger than 2GB, GTA reserves the right not to generate the backup automatically, however client may generate backups from his cpanel or other control panel at any time regardless of the account size. GTA stores a single automatically generated backup of each account which is up to 7 days old and up to 2GB in size, older automatically generated backups of accounts are not stored. GTA is not liable for any loss of content if the backup has not been generated, it is the client’s sole responsibility to safeguard the account data. We provide our backup with a charge of BDT 3000/= if any backup aviable in our server. We are not bound or responsible of providing our client any backup unless we have a backup storing agrement with client which should be asked by client at the time of signup for a package or product.

Billing, Cancellation and Refund Policy

As a customer of GTA you agree to submit or supply a payment for the rendered services in advance, on the billing date set by GTA. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, cloud and dedicated package or domain name package). You must notify GTA at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (GTA shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded).

Cancellations and refunds:

GTA provide 15 day trial for new account registrations. Our regular customer’s account will be billed from purchase/upgrade/renewal date. However, we still have some policies.

Subscribers who cancel the accounts within 3 days after the initial registration date will receive a refund for the shared and reseller hosting only.
Payments for VPS Servers/Dedicated servers are non-refundable.
Payments for Domain Only accounts or domain registration are refundable only if we fail to register domain, renewe or transferre (in case of delayed registration, renewal or transfer).
Account renewals are refundable only if the renewal payment has been submitted in the last 33 days. GTA reserves the right to deduct the value of already used hosting account time (and/or included free domain renewal) from the final refund.
Domain privacy protection service is non-refundable.
If a free domain name is taken with web hosting, no refund will be given.
Pre-Order for any service is not refundable

Subscribers may cancel the account at any time. All subscribers who cancel the accounts 3 days after the initial payment are not subject to a refund and all such requests will be denied. Customers waive the right to demand for compensation on the grounds of customer dissatisfaction or bad service.

Subscribers who wish to cancel the account have to contact GTA via a support ticket. Such cancellation request will be revised by GTA staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).

If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.

After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from GTA servers.

GTA uses Payoneer, 2checkout processors, bank transfer, bkash and payment on billing counter at our office. Clients may submit a payment with a valid credit or debit card via 2checkout or payoneer payment request.

Fraudulent Payment Policy:

If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then GTA reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent GTA reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.

Late Payment Policy:

All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 5 days after the renewal date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account.

HostinGTA.com Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, social security number or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.

Provide us with feedback on our products or services
How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
• DoubleClick Platform Integration

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By emailing us
• By logging in to your account
• By chatting with us or by sending us a support ticket

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 1 business day
• Within 1 business day
We will notify the users via in-site notification
• Within 1 business day

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
contact@HostinGTA.com and we will promptly remove you from ALL correspondence.

Acceptable Use Policy:

All services provided by HostINGTA.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any German, State or City law is prohibited. This includes, but is not limited to: material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HostINGTA.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. HostINGTA.com reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Clients who own reseller packages are not allowed to provide free (unpaid) hosting services (to avoid server overload and high abuse rate).