Terms & Conditions

1.1 Company

"Dserver Hosting Hub Private Limited", including its directors, officers, employees, affiliates, successors, assigns, contractors, licensors, service providers, and authorized representatives.

1.2 Customer

Any individual, company, organization, partnership, government body, reseller, or other legal entity that purchases, accesses, or uses any Service offered by the Company.

1.3 Services

All products and services offered by the Company, including but not limited to:

• Shared Hosting
• VPS Hosting
• VDS Hosting
• Dedicated Servers
• Cloud Hosting
• Reseller Hosting
• Domain Registration Services
• SSL Certificates
• Paid Backup Services
• Website migration assistance
• Semi-managed server assistance
• Any additional services introduced by the Company from time to time

1.4 Website

The Company's official website located at https://www.dserverhosting.com, including all associated webpages, customer portals, billing systems, support platforms, and any related online services operated by the Company.

1.5 Account

The Customer account created for accessing, managing, purchasing, or administering Services provided by the Company.

1.6 Content

Any data, files, databases, applications, emails, software, websites, scripts, images, videos, documents, source code, backups, or other digital information stored, transmitted, hosted, or processed using the Company's Services.

1.7 Third-Party Services

Any software, hardware, licenses, control panels, applications, infrastructure, domain registries, payment gateways, or other services supplied by independent third parties, including but not limited to hosting software, licensing providers, and infrastructure vendors.

1.8 Billing Cycle

The duration for which a Service is purchased or renewed, including monthly, quarterly, semi-annual, annual, biennial, triennial, or any other billing period offered by the Company.

1.9 Acceptable Use Policy

The operational and security standards established by the Company governing the acceptable use of its Services, whether incorporated within this Agreement or published separately by the Company from time to time.

1.10 Force Majeure Event

Any event beyond the reasonable control of the Company, including but not limited to natural disasters, floods, earthquakes, fires, pandemics, epidemics, war, terrorism, civil unrest, governmental actions, internet backbone failures, power outages, cyberattacks, labor disputes, or failures of third-party infrastructure providers.

5.1 Services Offered

The Company provides various web hosting and related services, including but not limited to:

• Shared Hosting
• VPS (Virtual Private Server) Hosting
• VDS (Virtual Dedicated Server) Hosting
• Dedicated Servers
• Cloud Hosting
• Reseller Hosting
• Domain Registration Services
• SSL Certificates
• Paid Backup Services
• Website Migration Assistance
• Semi-Managed Server Assistance
• Any additional products or services introduced by the Company from time to time.

The availability of any Service is subject to technical feasibility, infrastructure availability, successful payment verification, and the Company's acceptance of the Customer's order.

5.2 No Obligation to Accept Orders

Submission of an order does not constitute acceptance by the Company. The Company reserves the right, at its sole discretion, to refuse, reject, suspend, or cancel any order before or after payment for reasons including, but not limited to:

• suspected fraud;
• payment verification failure;
• incorrect pricing due to technical or human error;
• violation of applicable laws;
• violation of this Agreement;
• abuse of promotional offers;
• unavailability of the requested Service;
• security concerns; or
• any other legitimate business reason.

Where an order is rejected before Service activation, any eligible payment received shall be refunded in accordance with the Company's applicable refund policy.

5.3 Service Provisioning

The Company shall make reasonable efforts to provision purchased Services promptly following successful payment verification.

Provisioning times are estimates only and may vary due to verification procedures, stock availability, third-party processing delays, technical requirements, maintenance activities, or circumstances beyond the Company's reasonable control.

The Company shall not be liable for losses arising from reasonable provisioning delays.

5.4 Service Modifications

The Company reserves the right to modify, improve, replace, discontinue, or upgrade any Service, feature, hardware specification, software platform, infrastructure component, or technology at any time where reasonably necessary for operational, security, legal, or commercial purposes.

Where such modifications materially affect existing Services, reasonable efforts shall be made to notify affected Customers in advance whenever practicable.

6.1 Prepaid Services

Unless expressly agreed otherwise in writing, all Services offered by the Company are provided on a prepaid basis.

The Customer must pay all applicable charges before the Service is activated or renewed.

6.2 Billing Cycles

Depending upon the selected Service, billing periods may include:

• Monthly
• Quarterly (3 Months)
• Semi-Annual (6 Months)
• Annual (1 Year)
• Biennial (2 Years)
• Triennial (3 Years)

The applicable billing cycle shall be selected by the Customer during the ordering process.

6.3 Payment Methods

Payments shall be made using the payment methods made available through the Company's Website or billing portal.

The Company reserves the right to introduce, modify, or discontinue accepted payment methods at any time without prior notice.

6.4 Taxes

All prices displayed on the Website are exclusive of applicable taxes unless expressly stated otherwise.

The Customer shall be responsible for payment of all applicable taxes, duties, levies, government charges, or similar statutory fees imposed under applicable law.

6.5 Currency

Unless otherwise specified, all invoices shall be issued in the currency displayed during the ordering process.

The Company shall not be responsible for exchange rate fluctuations, foreign transaction charges, banking fees, or payment gateway charges imposed by financial institutions.

6.6 Payment Verification

The Company reserves the right to verify any payment before provisioning or renewing Services.

Additional identity verification or documentation may be requested where reasonably necessary to prevent fraud or comply with legal obligations.

Failure to complete verification may result in cancellation of the order.

7.1 Renewal Responsibility

The Customer is solely responsible for ensuring that Services are renewed before their respective expiration dates.

Failure to renew Services before expiration may result in suspension, termination, deletion of data, or permanent loss of associated resources.

7.2 Renewal Notices

The Company may send renewal reminders to the registered email address or mobile number before Service expiration as a courtesy.

Failure to receive a reminder shall not relieve the Customer of the responsibility to renew Services before their expiration.

7.3 Non-Payment

If payment is not received by the applicable due date, the Company may suspend, restrict, or deactivate the affected Service until all outstanding amounts have been paid in full.

The Company shall not be responsible for any interruption of business, data loss, revenue loss, reputational damage, or other consequences arising from suspension due to non-payment.

7.4 Reactivation

Suspended Services may be reactivated upon successful payment of all outstanding dues, provided that the associated data and resources remain available.

The Company does not guarantee that suspended accounts or their data will remain recoverable after prolonged periods of non-payment.

7.5 Automatic Renewal

Certain Services may offer automatic renewal where expressly enabled by the Customer.

Where automatic renewal has been activated, the Customer authorizes the Company or its payment service providers to process renewal charges using the selected payment method, subject to applicable laws and payment provider requirements.

The Customer may disable automatic renewal before the applicable renewal date through the billing portal or by contacting the Company's support team.

8.1 General Policy

Refund eligibility shall be determined in accordance with this Agreement and any specific refund terms applicable to the purchased Service.

Approval of one refund request shall not create any obligation to approve future refund requests.

8.2 Thirty (30) Day Money-Back Guarantee

The Company offers a limited Thirty (30) Day Money-Back Guarantee to eligible first-time Customers purchasing selected Services.

The guarantee applies only where all of the following conditions are satisfied:

1. the Customer is purchasing the eligible Service from the Company for the first time;
2. the refund request is submitted within thirty (30) calendar days from the date of Service activation;
3. the Customer has experienced a verified server-side technical issue attributable solely to the Company's infrastructure or systems;
4. the Customer has reported the issue through the Company's official support channels by opening a support ticket or using another officially designated method of communication;
5. the Company has been unable to resolve the verified server-side issue within forty-eight (48) consecutive hours after the issue has been properly reported; and
6. the service interruption or issue was not caused by a Force Majeure Event, scheduled maintenance, third-party service failures, customer error, software installed by the Customer, malicious activity, misuse of the Services, or any other circumstance beyond the Company's reasonable control.

Where all of the above conditions are satisfied, the Customer may request a refund within the applicable thirty (30) day period.

Approved refunds shall be limited to the amount actually paid for the eligible Service, excluding applicable taxes, government levies, payment gateway charges (where non-refundable), domain registration fees, SSL certificate charges, third-party licenses, setup fees, and any other non-refundable products or services.

The Company reserves the right to investigate each refund request and may refuse any request where it reasonably determines that the conditions of this Section have not been satisfied or where the refund policy has been abused or fraudulently invoked.

8.3 Eligibility

The Thirty (30) Day Money-Back Guarantee is available only to first-time Customers purchasing eligible Services directly from the Company.

The guarantee does not apply to renewals, upgrades, repeat purchases, additional accounts created to obtain multiple refunds, or purchases made in an attempt to circumvent this Agreement.

The Company reserves the right to verify Customer identity, billing information, account history, payment details, and other relevant information to determine eligibility for the guarantee.

8.4 Excluded Services

Certain Services may be excluded from the money-back guarantee due to their nature, licensing terms, infrastructure costs, or third-party provider policies.

Excluded Services may include, but are not limited to:

• Domain registration services;
• SSL certificates;
• Dedicated Servers;
• VPS Hosting;
• VDS Hosting;
• Cloud Hosting;
• Software licenses;
• Third-party products;
• Customized or specially configured Services;
• Setup fees; and
• Any Service expressly identified as non-refundable during the ordering process.

The final list of excluded Services shall be published on the Website or communicated during the purchase process.

8.5 Abuse of Refund Policy

The Thirty (30) Day Money-Back Guarantee is intended solely to protect genuine first-time Customers who experience qualifying service issues as described in this Agreement.

The Company reserves the right to deny any refund request where it reasonably determines that the Customer has abused, manipulated, or attempted to exploit the Company's refund policy, promotional offers, or first-time customer eligibility.

Without limitation, the Company may deny the Thirty (30) Day Money-Back Guarantee where it reasonably determines that multiple accounts have been created by the same or related individual, business, payment method, contact information, network identifiers, or any other information reasonably indicating an attempt to obtain repeated refunds or otherwise abuse this policy.

The Company reserves the right to investigate refund requests and verify Customer identity, account history, payment information, and other relevant details to determine eligibility before approving any refund.

8.6 Suspension Due to Violation

No refund shall be provided where a Service has been suspended or terminated for violation of this Agreement, illegal activities, abuse, fraud, or any applicable law.

9.1 Customer-Initiated Cancellation

Customers may request cancellation of any Service at any time through the Company's billing portal or by contacting the Company's support team.

Cancellation of a Service does not automatically entitle the Customer to any refund unless expressly provided under this Agreement.

9.2 Cancellation Before Renewal

Where automatic renewal has been enabled, cancellation requests must be submitted before the applicable renewal date.

Once a renewal payment has been successfully processed, the renewed Service shall be deemed accepted by the Customer.

9.3 No Refund After Renewal

Except where required by applicable law, renewal payments are final and non-refundable.

9.4 Effect of Cancellation

Upon cancellation, the Company may immediately suspend, terminate, delete, or permanently remove the associated Service, hosted Content, backups, configurations, email accounts, databases, websites, and other associated resources after the applicable retention period, if any.

The Customer acknowledges that once data has been permanently deleted, it may not be recoverable.

9.5 Outstanding Payments

Cancellation of a Service shall not relieve the Customer from paying any outstanding invoices, unpaid fees, taxes, or other financial obligations accrued before the effective date of cancellation.

9.6 Company's Right to Cancel

The Company reserves the right to cancel any Service at its sole discretion where continuation of the Service would expose the Company to legal, financial, operational, or security risks, or where the Customer has materially breached this Agreement.

Where cancellation occurs for reasons not attributable to the Customer, the Company may, at its sole discretion, provide a prorated refund or account credit where appropriate.

10.1 General Principle

The Company's Services shall be used only for lawful, ethical, and legitimate purposes. The Customer agrees not to use, or permit any third party to use, the Services in any manner that violates applicable laws, infringes the rights of others, threatens the security or stability of the Company's infrastructure, or interferes with the use of the Services by other customers.

The Customer shall remain solely responsible for all activities conducted through their Account, regardless of whether such activities are performed by the Customer or by any third party using the Customer's credentials or systems.

10.2 Compliance with Laws

The Customer shall comply with all applicable local, state, national, and international laws, regulations, governmental directives, sanctions, and industry standards relating to the use of the Services.

Use of the Services for any unlawful purpose is strictly prohibited.

10.3 Prohibited Activities

Without limiting the generality of this Agreement, the following activities are strictly prohibited:

1. transmitting, storing, publishing, distributing, or promoting any unlawful material;
2. phishing, identity theft, impersonation, social engineering, or fraudulent activities;
3. creating, distributing, hosting, or transmitting malware, ransomware, spyware, trojans, worms, viruses, or any other malicious software;
4. unauthorized access to computers, servers, accounts, networks, applications, databases, or information systems;
5. hacking, exploit development, password cracking, credential stuffing, brute-force attacks, vulnerability exploitation, or similar activities;
6. conducting Denial-of-Service (DoS), Distributed Denial-of-Service (DDoS), amplification attacks, or any activity intended to disrupt the availability of systems or networks;
7. operating botnets, command-and-control infrastructure, or automated systems used for malicious purposes;
8. unauthorized port scanning, vulnerability scanning, network reconnaissance, or security testing without the prior written consent of the Company and the affected party;
9. sending unsolicited commercial email (spam), bulk email, or operating open mail relays;
10. operating email services that generate excessive complaints, blacklist listings, or reputational damage to the Company's infrastructure;
11. hosting or distributing pirated software, counterfeit software, license circumvention tools, serial keys, or copyrighted material without proper authorization;
12. infringement of copyrights, trademarks, patents, trade secrets, or other intellectual property rights;
13. hosting or distributing content relating to child sexual abuse material, human trafficking, terrorism, extremist organizations, or any content prohibited by applicable law;
14. promoting violence, hate speech, discrimination, or illegal activities;
15. operating cryptocurrency mining software or utilizing Company resources for cryptocurrency mining unless expressly authorized in writing by the Company;
16. operating unauthorized proxy services, anonymous VPN services, exit nodes, relay services, or anonymization services that facilitate unlawful conduct;
17. attempting to interfere with the operation, security, stability, or integrity of the Company's infrastructure;
18. any activity reasonably determined by the Company to create excessive operational, security, legal, or reputational risks.

10.4 Customer Responsibility

The Customer is solely responsible for:

• all websites hosted under their Account;
• all software installed on their Services;
• all Content uploaded to their Services;
• all scripts executed through their Services;
• all user accounts created by them;
• all activities originating from their Services.

The Company shall not be responsible for monitoring Customer Content prior to publication or transmission.

11.1 Shared Infrastructure

Certain Services operate on shared infrastructure where computing resources are distributed among multiple customers.

The Customer agrees to use such Services in a fair, reasonable, and responsible manner.

11.2 Fair Usage

Although certain hosting plans may be marketed as offering "Unlimited" resources, such Services remain subject to reasonable operational limitations necessary to maintain system stability, security, reliability, and fair access for all customers.

Unlimited services do not imply unlimited server capacity, unrestricted computing power, or unlimited system resources.

11.3 Excessive Resource Consumption

The Company reserves the right to investigate any Account that consumes excessive resources or adversely affects the performance of shared infrastructure.

Such resources include, without limitation:

• CPU utilization;
• RAM utilization;
• Disk Input/Output operations;
• Storage usage;
• Network bandwidth;
• Database utilization;
• Email processing;
• Inode consumption;
• Concurrent processes;
• Running processes;
• Background services; and
• Any other server resources.

11.4 Corrective Measures

Where excessive usage is identified, the Company may, at its sole discretion:

• notify the Customer;
• temporarily limit resource usage;
• suspend affected processes;
• recommend an upgrade;
• migrate the Customer to a more suitable Service;
• temporarily suspend the Service; or
• terminate the Service where necessary to protect infrastructure stability.

12.1 Plan Limits

Each hosting plan includes specific technical limitations determined by the purchased Service.

Such limitations may include restrictions relating to:

• CPU usage;
• RAM allocation;
• storage capacity;
• monthly bandwidth;
• inode limits;
• email sending limits;
• database limits;
• number of hosted websites;
• concurrent connections;
• file counts; and
• other technical specifications.

12.2 Compliance

The Customer agrees to operate within the technical limitations applicable to the purchased Service.

Repeated or significant violations may result in temporary restrictions, suspension, or termination of the affected Service.

12.3 Upgrades

Where the Customer's legitimate resource requirements consistently exceed the purchased plan, the Company may require the Customer to upgrade to a more appropriate Service.

13.1 Lawful Email Usage

Email services provided by the Company shall be used only for lawful and legitimate communication.

13.2 Spam Prohibition

The Customer shall not use the Services to send:

• unsolicited commercial emails;
• bulk marketing emails without proper consent;
• phishing emails;
• deceptive communications;
• forged email headers;
• spam campaigns; or
• any communication violating applicable anti-spam laws.

13.3 Reputation Protection

The Company reserves the right to suspend any email service that results in:

• blacklist listings;
• excessive abuse complaints;
• excessive bounce rates;
• reputational harm;
• service disruption; or
• security threats.

14.1 Customer Security

The Customer is solely responsible for maintaining the security of:

• login credentials;
• passwords;
• server configurations;
• websites;
• applications;
• databases;
• software installations; and
• user access permissions.

14.2 Software Management

The Company provides semi-managed hosting services only.

Unless expressly agreed in writing, the Company does not manage, maintain, secure, update, troubleshoot, or support software installed by the Customer beyond the scope of the semi-managed assistance expressly offered.

The Customer assumes full responsibility for all third-party software, scripts, plugins, themes, operating system modifications, applications, and custom configurations installed or used on the Services.

14.3 Security Incidents

Where the Company reasonably believes that an Account has been compromised or poses a threat to infrastructure, other customers, or public internet security, the Company may immediately restrict, isolate, suspend, or terminate the affected Service without prior notice.

15.1 Investigation

The Company reserves the right to investigate any complaint relating to misuse of its Services, whether received from customers, governmental authorities, security researchers, third parties, internet service providers, or law enforcement agencies.

15.2 Customer Cooperation

Customers shall cooperate fully with any reasonable investigation conducted by the Company concerning alleged misuse of the Services.

Failure to cooperate may constitute a material breach of this Agreement.

15.3 Immediate Action

Where reasonably necessary to protect infrastructure, customers, third parties, or legal compliance, the Company may, without prior notice:

• suspend Services;
• disable websites;
• block network traffic;
• restrict access;
• remove unlawful Content;
• isolate servers;
• terminate Accounts; or
• cooperate with competent governmental or law enforcement authorities.

15.4 No Obligation to Monitor

The Company has no general obligation to monitor Customer activities or hosted Content.

However, the Company reserves the right to investigate suspected violations of this Agreement and take appropriate action where necessary to protect its legitimate interests, customers, infrastructure, or legal obligations.

15.5 Costs of Abuse

Where abuse, negligence, or unauthorized activities by the Customer result in additional operational, legal, technical, or administrative costs to the Company, the Company reserves the right to recover such reasonable costs from the Customer to the extent permitted by applicable law.

15.6 Reservation of Rights

The rights granted under this Part are cumulative and shall not limit any other rights or remedies available to the Company under this Agreement, applicable law, or principles of equity.

16.1 Backup Services are Optional

Unless expressly stated otherwise in writing, backup services are not included with the Company's hosting plans and are offered only as a separate paid add-on service.

Customers who do not purchase the Company's backup service remain solely responsible for creating, maintaining, verifying, and securely storing their own backups.

16.2 Customer Responsibility

The Customer acknowledges that the Company does not guarantee the preservation or recovery of any data where the Customer has not purchased the Company's backup service.

The Company strongly recommends that every Customer maintain independent backups regardless of whether the Company's backup service has been purchased.

16.3 Backup Service Scope

Where the Customer has purchased the Company's backup service, the Company shall make commercially reasonable efforts to perform scheduled backups and restore eligible data in accordance with the applicable backup plan.

The Company does not guarantee that every backup will be complete, uninterrupted, error-free, or capable of restoring all data in every circumstance.

16.4 Restoration Requests

Backup restoration requests shall be processed within a reasonable period, subject to:

• technical feasibility;
• availability of backup copies;
• integrity of backup data;
• infrastructure status;
• verification requirements; and
• the Customer's active subscription to the backup service.

16.5 Limitation of Backup Liability

In the event that backup restoration is partially successful, the Company shall not be liable for any indirect, incidental, consequential, or special damages arising from incomplete restoration, including loss of business, revenue, profits, reputation, or opportunities.

Where the Company has failed to perform the backup service due solely to its own negligence, the Company's total liability relating to backup services shall not exceed the amount actually paid by the Customer for the applicable backup service during the relevant billing period, except where a greater liability is required under applicable law.

16.6 Exclusions

The Company shall not be responsible for any loss of data resulting from:

• Customer error;
• accidental deletion by the Customer;
• malware or ransomware infections;
• compromised credentials;
• third-party software failures;
• corrupted applications;
• unsupported software;
• Customer configuration changes;
• hardware failures outside the Company's reasonable control;
• failures of third-party infrastructure providers; or
• any Force Majeure Event as defined in this Agreement.

17.1 Customer Ownership

The Customer retains ownership of all lawful Content stored through the Services.

Nothing in this Agreement transfers ownership of the Customer's Content to the Company.

17.2 Customer Responsibility

The Customer is solely responsible for:

• maintaining copies of important data;
• verifying backup integrity;
• ensuring legal compliance of stored Content;
• retaining archival copies where required; and
• protecting sensitive or confidential information.

17.3 Data Deletion

Following cancellation, suspension, expiration, or termination of any Service, the Company may permanently delete Customer data after any applicable retention period.

The Company shall have no obligation to retain expired or terminated data indefinitely.

Once permanently deleted, data may not be recoverable.

17.4 Recovery Requests

Where technically feasible, the Company may attempt data recovery upon Customer request.

Recovery efforts are provided on a best-effort basis only and are not guaranteed.

Additional charges may apply.

18.1 Migration Assistance

The Company may provide website migration assistance as part of selected Services or promotional offers.

Migration assistance is provided as a convenience and does not constitute a guarantee that every website, application, email account, database, or server configuration can be successfully migrated.

18.2 Customer Cooperation

The Customer shall provide all information, credentials, permissions, and reasonable assistance necessary to facilitate migration.

Failure to provide accurate information may delay or prevent successful migration.

18.3 No Guarantee

The Company shall not be liable for migration delays, incompatibilities, corrupted data, unsupported software, missing files, third-party restrictions, or any other technical limitations outside its reasonable control.

19.1 Scope of Assistance

The Company provides semi-managed server services only.

Semi-managed assistance may include reasonable support relating to initial setup, basic server configuration, and migration assistance, where applicable.

19.2 Customer Responsibilities

The Customer remains solely responsible for:

• operating system administration;
• application installation;
• software licensing;
• software updates;
• server hardening;
• firewall configuration;
• website security;
• database management;
• custom configurations; and
• all software installed after Service provisioning.

19.3 Third-Party Software

The Company shall not be responsible for failures, vulnerabilities, incompatibilities, bugs, licensing issues, or operational problems arising from software developed, licensed, or maintained by third parties.

20.1 Third-Party Providers

Certain Services may incorporate products, software, infrastructure, or licenses supplied by independent third-party providers, including but not limited to hosting control panels, billing software, operating systems, licensing platforms, and infrastructure vendors.

20.2 Independent Terms

Use of third-party products may be subject to separate license agreements, end-user license agreements (EULAs), or terms imposed by the applicable third-party provider.

The Customer agrees to comply with all such applicable terms.

20.3 Disclaimer

The Company makes no independent warranty regarding third-party products and shall not be responsible for defects, interruptions, licensing disputes, feature changes, security vulnerabilities, or discontinuation of third-party services beyond the Company's reasonable control.

21.1 Registration Requests

Submission of a domain registration request does not guarantee successful registration.

Registration remains subject to registry availability, payment verification, and acceptance by the applicable domain registry.

21.2 Renewal Responsibility

The Customer is solely responsible for renewing domain names before their expiration dates.

Failure to renew may result in expiration, suspension, redemption fees, auction, transfer, or permanent loss of the domain name.

21.3 Registry Rules

All domain registrations remain subject to the rules, policies, and procedures established by the relevant registry, registrar, or governing authority.

21.4 No Liability

The Company shall not be liable for losses arising from:

• expired domains;
• unsuccessful registration attempts;
• registry actions;
• WHOIS inaccuracies;
• transfer delays;
• registry disputes; or
• actions taken by domain authorities.

22.1 Certificate Issuance

SSL certificate issuance remains subject to successful domain validation and the requirements of the applicable certificate authority.

22.2 Customer Responsibility

The Customer remains responsible for maintaining valid domain ownership, DNS configuration, and other prerequisites necessary for SSL issuance and renewal.

22.3 Disclaimer

The Company shall not be liable for delays, revocations, issuance failures, browser compatibility issues, or certificate authority actions beyond the Company's reasonable control.

23.1 Commercially Reasonable Efforts

The Company shall use commercially reasonable efforts to maintain reliable and stable Services.

However, uninterrupted, continuous, or error-free operation cannot be guaranteed.

23.2 Scheduled Maintenance

The Company may perform scheduled maintenance, emergency maintenance, upgrades, security patches, infrastructure improvements, or system modifications without liability for temporary interruptions.

Where reasonably practicable, advance notice may be provided.

23.3 Temporary Interruptions

Service interruptions may occur due to:

• hardware replacement;
• software updates;
• security incidents;
• infrastructure upgrades;
• internet backbone failures;
• power failures;
• third-party provider outages;
• cyberattacks; or
• circumstances beyond the Company's reasonable control.

Such interruptions shall not constitute a breach of this Agreement.

23.4 No Guaranteed Uptime

While the Company strives to achieve high service availability and maintain reliable infrastructure, no specific uptime percentage is guaranteed unless expressly provided under a separate written Service Level Agreement (SLA).

24.1 Force Majeure Events

The Company shall not be liable for any delay, interruption, failure, or inability to perform its obligations where such failure results directly or indirectly from a Force Majeure Event.

Force Majeure Events include, but are not limited to:

• earthquakes;
• floods;
• fires;
• lightning;
• storms;
• pandemics;
• epidemics;
• war;
• terrorism;
• civil disturbances;
• government actions;
• labor disputes;
• internet backbone failures;
• widespread power outages;
• failures of telecommunications providers;
• cyberattacks of extraordinary scale;
• acts of God; or
• any other event beyond the Company's reasonable control.

24.2 Suspension of Obligations

During a Force Majeure Event, the Company's obligations affected by such event shall be suspended for the duration of the event.

The Company shall use reasonable efforts to restore Services as soon as practicable after the Force Majeure Event has ended.

24.3 No Compensation

The Customer acknowledges and agrees that the Company shall not be liable for any compensation, damages, refunds, credits, or losses resulting from Service interruptions, data loss, or delays directly or indirectly caused by a Force Majeure Event.

25.1 Suspension of Services

The Company reserves the right to suspend, restrict, disable, or otherwise limit access to any Service, with or without prior notice, where it reasonably believes that such action is necessary to:

• protect the security or stability of its infrastructure;
• prevent harm to other customers;
• investigate suspected abuse or fraud;
• comply with applicable law, court orders, or governmental directives;
• respond to complaints from third parties;
• prevent unauthorized access or security threats; or
• enforce the provisions of this Agreement.

25.2 Grounds for Suspension or Termination

Without limiting any other rights available under this Agreement or applicable law, the Company may suspend or terminate any Account or Service where the Customer:

1. fails to make timely payment;
2. provides false, misleading, incomplete, or fraudulent information;
3. violates any provision of this Agreement;
4. engages in illegal, fraudulent, abusive, or unethical conduct;
5. infringes the intellectual property rights of others;
6. compromises the security or stability of the Company's infrastructure;
7. exceeds applicable resource limits after reasonable notice where appropriate;
8. uses the Services in a manner that causes disruption to other customers; or
9. otherwise creates unacceptable legal, operational, financial, or reputational risks for the Company.

25.3 Immediate Suspension

Where immediate action is reasonably necessary to protect infrastructure, customers, third parties, or legal compliance, the Company may suspend Services without prior notice.

25.4 Effect of Termination

Upon termination, the Customer's right to access or use the affected Services shall immediately cease.

The Company may delete, remove, or permanently erase Customer Content following any applicable retention period.

Termination shall not relieve the Customer of any payment obligations accrued prior to termination.

26.1 Ownership

All intellectual property relating to the Website and Services, including but not limited to software, source code, graphics, trademarks, service marks, logos, trade names, designs, text, documentation, databases, layouts, branding materials, and proprietary technology, shall remain the exclusive property of the Company or its licensors.

Nothing contained in this Agreement transfers ownership of any intellectual property to the Customer.

26.2 Limited License

Subject to compliance with this Agreement, the Company grants the Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purpose.

26.3 Restrictions

The Customer shall not, without prior written permission:

• copy;
• reproduce;
• modify;
• distribute;
• reverse engineer;
• decompile;
• create derivative works from;
• sell;
• sublicense; or
• commercially exploit

any intellectual property belonging to the Company except where expressly permitted by applicable law.

26.4 Trademarks

"Dserver Hosting Hub Private Limited," "Dserver Hosting," the Company's logos, branding, and related trademarks are valuable intellectual property of the Company and may not be used without prior written authorization.

27.1 Ownership of Customer Content

The Customer retains ownership of all lawful Content uploaded, hosted, transmitted, or stored using the Services.

27.2 Customer Responsibility

The Customer represents and warrants that they possess all necessary rights, licenses, permissions, and legal authority required to host, distribute, or otherwise use such Content.

27.3 License to the Company

The Customer grants the Company a limited, non-exclusive, royalty-free license to access, process, copy, transmit, and store Customer Content solely to the extent reasonably necessary to provide, maintain, secure, troubleshoot, or improve the Services.

29.1 "As Is" and "As Available"

Except to the extent expressly stated in a separate written agreement, all Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, non-infringement, uninterrupted availability, or error-free operation.

29.2 No Guarantee

The Company does not warrant that:

• Services will operate without interruption;
• Services will always be available;
• Services will be free from defects;
• all errors will be corrected;
• all security threats can be prevented;
• Customer Content will never be lost;
• third-party products will function without interruption; or
• every technical issue can be resolved.

30.1 Exclusion of Indirect Damages

To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to:

• loss of profits;
• loss of revenue;
• business interruption;
• loss of goodwill;
• loss of business opportunities;
• loss of anticipated savings;
• corruption or loss of data;
• reputational damage; or
• any similar economic loss,

whether arising in contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.

30.2 Maximum Liability

Except where liability cannot lawfully be excluded or limited, the Company's total aggregate liability arising from or relating to any claim under this Agreement shall not exceed the total amount actually paid by the Customer to the Company for the affected Service during the twelve (12) months immediately preceding the event giving rise to the claim.

30.3 Third-Party Failures

The Company shall not be liable for failures, interruptions, defects, or damages resulting from third-party providers, registries, payment gateways, internet service providers, software vendors, certificate authorities, infrastructure providers, or other independent service providers.