Terms of Services
Welcome to Websoulhost.com. These Terms of Service (“Agreement”) govern your use of our website and services (“Services”). By using our Services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Services. By using the Services, you also agree to the terms of the following policies:
To use our Services, you must be eighteen (18) years of age or older. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older. If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on their behalf.
You are responsible for providing accurate, current, and complete information when registering for our Services. You are also responsible for maintaining the confidentiality of your account and password. If you need to verify or change your contact information, please contact our team via email or update your contact information through our support system.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. This information may be verified by us at any time by asking for a copy of your CNIC or calling you on your phone number. We are not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our team via email or update your contact information through our support system. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Except for User Content, all content available through our Services, including designs, text, graphics, images, video, information, software, audio, and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Websoulhost Content”), are the proprietary property of Websoulhost or our licensors. Websoulhost Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement.
You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any Websoulhost Content. Any use of Websoulhost Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Websoulhost Content.
For Reseller Hosting: You may upload, store, publish, display, and distribute information, text, photos, videos, and other content for your website on or through our Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through our Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites.
For Shared Hosting: You may upload, store, publish, display, and distribute information, text, photos, videos, and other content for your website on or through our Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through our Services (“User Websites”). However, excessive use of photos, videos or audios that affects the performance of our servers may lead to the suspension or termination of your cPanel. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites.
By posting or distributing User Content on or through our Services, you represent and warrant to us that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Websoulhost a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and
Certain Services: 404 Page:
In the event that you fail to configure a 404 error page on your website, Websoulhost.com will automatically configure a default 404 error page to appear if an Internet user enters a URL related to your domain but no file is associated. By not configuring a 404 error page, you hereby consent to and authorize Websoulhost.com to place a default 404 error page and its associated content on your website. Our default 404 error page may contain advertisements and other materials selected by Websoulhost.com in our sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. Please note that you may change the 404 error page configuration at any time. Websoulhost.com reserves the right to collect and retain all revenue obtained from such advertising and other materials.
Third Party Products and Services:
- Third-Party Providers: We may offer certain third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions, and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing.
Websoulhost does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third-party providers. Websoulhost is not an agent, representative, trustee, or fiduciary of you or the third-party provider in any transaction.
- Websoulhost as Reseller or Sub licensor: We may act as a reseller or sublicensor of certain third-party services, hardware, software, and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Resold Products, either sold, sublicensed, or provided by us to you will not be deemed a breach of Websoulhost obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Resold Product are limited to those rights extended to you by the manufacturer of such Resold Product. You are entitled to use any Resold Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall not attempt to copy, alter, reverse engineer, or tamper with such Resold Product or to use it other than in connection with the Services. You shall not resell, transfer, export, or re-export any Resold Product, or any technical data derived therefrom, in violation of any applicable law, rules, or regulations.
- Thirdparty Websites:
The Services may contain links to other websites that are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Account Security and Websoulhost Systems:
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
An inode is a data structure used to keep information about a file on your hosting account. The number of inodes indicates the number of files and folders you have. This includes everything on your account, emails, files, folders, anything you store on the server.If an account exceeds one hundred and fifty thousand (150,000) inodes it will be automatically removed from our courtesy backup system to avoid over-usage. The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account prevents user from writing data to disk, and if no action is taken to reduce the excessive use of inodes, your account may be suspended.
At Websoulhost.com, our services and related equipment are provided for authorized customer use. We may monitor our systems to ensure authorized use, protect against unauthorized access, and verify security procedures. By using our services, you consent to monitoring for these purposes. Connecting to third-party networks without authorization may result in account suspension. You must obtain express written consent from third parties for access to networks outside your control. We may request documentation to verify authorized access.
Compromised accounts may be disabled or terminated. If you do not take action after being notified of an issue, we reserve the right to keep your account disabled. You may request account clean-up for an additional fee.
We reserve the right to migrate accounts to comply with data center policies, local laws, or technical reasons without notice.
Overusing server resources may result in account suspension or termination. Accounts using 25% CPU/memory resources for more than 60 seconds, from FTP, CGI Scripts, HTML or MySql resources, may be suspended.
Compatibility with the Services:
At Websoulhost.com, we expect your cooperation to provide our services to you. You are responsible for providing any necessary equipment or software for using our services. If your obligations affect our performance, we are not responsible for any delays caused by your failure to perform timely.
It’s your sole responsibility to ensure that your user content and websites are compatible with the hardware and software we use to provide our services. We reserve the right to change our hardware and software at any time.
Backing up all user content, including user websites, is your sole responsibility. We do not guarantee that we back up any user content, and you agree to accept the risk of losing any and all user content.
Billing an Payment Information:
Prepayment: At Websoulhost.com, it’s your responsibility to ensure that your payment information is accurate, and all invoices are paid on time. You must pay for our services in advance of the period for which the services are provided. We reserve the right to apply payments to outstanding invoices in your billing account, subject to applicable laws and regulations.
Auto-Renewal: Unless you inform us otherwise, we may automatically bill you regularly using the credit card or billing information we have on file to prevent any disruptions to your services. We are not obligated to bill you, but we will do so to keep your services active unless you request cancellation.
Taxes: Listed fees for the Services provided by Websoulhost do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority, including Federal and Provincial Sales Tax unless otherwise provided. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. It is your responsibility to ensure that all taxes are paid and that your payment information is up to date. By agreeing to this agreement, you agree to pay any applicable taxes in addition to the listed fees. All fees are non-refundable when paid unless otherwise stated.
Late Payment or Non-Payment: Any outstanding invoice may result in the suspension or termination of Services by Websoulhost. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue collection costs incurred by Websoulhost, including without limitation, any arbitration and legal fees, and lawyer fees. Websoulhost will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have fifteen (15) days from the expiry date to pay the outstanding amount due for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and may not be restored.
User Data Deletion Policy: Websoulhost strives to ensure that your contact information and preferences are accurate, complete, and up to date. You have the right to request access to and rectification or erasure of Personal Information or restriction of processing concerning your Personal Information or to object to the processing as well as the right to data portability. Websoulhost will comply with erasure requests as long as Websoulhost is not required to retain the Personal Information by law and does not need to retain it for its legitimate business purposes. Websoulhost may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by emailing us at email@example.com or through our support system on the website.
- Domain registrations. No refunds will be given once a domain is registered.
- Domain Renewals. You can manage domain renewals by contacting us. Domain renewal notices may be provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.
Fraud: It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies.
Invoice Disputes: If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Price/Currency Change: Websoulhost reserves the right to change prices, currency, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any substantial company price change that takes place in US Dollars. However, payments made in other currencies such as Pakistani Rupees are pegged with the US Dollar and will fluctuate with the foreign exchange. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.
Discounts Discounts and coupon codes are may be given by Websoulhost at certain times. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Websoulhost offers a thirty (30) day money-back guarantee for hosting services only. If you are not completely satisfied with these hosting services due to any issues on our server, and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. However, please note that if there are compatibility issues or if the service is functioning properly without any issues from our hosting side, the refund will not be applicable. This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for any additional products or services. For more information about our refund policy on additional products or services, please refer to the section Non-refundable Products and Services.
There are no refunds on accounts terminated for violations of terms and conditions.
There are no refunds on domain name registrations.
Cancellations and Refunds:
Refunds: Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. To claim the refund you may contact us within 30 days of registration and state clearly the exact reason why a refund is required and why you are dissatisfied with the service.
Non-refundable Products and Services: Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on dedicated servers, or additional products or services such as Codeguard, Digital Certificates, shared VPS hosting, SiteLock install fees for custom software, and/or any other products or services of the Websoulhost.
Cancellation Process: You may terminate or cancel the Services by contacting us. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.
We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order.
Websoulhost may terminate your access to the Services, in whole or in part, without notice in the event that:
- you fail to pay any fees due.
- you violate this Agreement.
- your conduct may harm Websoulhost or others or cause Websoulhost or others to incur liability, as determined by us in our sole discretion.
- as otherwise specified in this Agreement.
In such an event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Websoulhost may charge you for all fees due for the Services for the remaining portion of the then-current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
CPU, Bandwidth and Disk Usage:
The hosting space provided by Websoulhost may only be used for web files, active email, and content of User Websites. It may not be used for storage purposes, including offsite storage of electronic files, email or FTP hosts. We reserve the right to review every shared account for excessive usage of CPU, disk space, and other resources caused by a violation of this Agreement or the Acceptable Use Policy. We may terminate access to the Services or remove or delete User Content for those accounts found to be in violation of these Terms and Conditions and other policies.
Dedicated and VPS usage will be limited by the resources allocated to the specific plan purchased by the user. The hosting space provided should not be used as a storage medium for files or data. At least 90% of the web pages must be linked with files (GIF, JPEG, etc.) stored on Websoulhost’s servers. Websites that do not meet this requirement or have a large number of unlinked files are subject to file deletion or account cancellation.
Bandwidth usage is unmetered (i.e., not monitored) for shared hosting services only.
Reseller Terms and Client Responsibility:
Reseller accounts may only be used to resell web hosting to others. If you wish to resell hosting, you must use a reseller account. Resellers must ensure that each of their clients, customers or users (“Reseller Users”) complies with this Agreement. Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support, and technical support. Websoulhost.com does not provide support to Reseller Users. If a Reseller User contacts Websoulhost.com, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller on Reseller User’s behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. Websoulhost.com may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement. Websoulhost.com is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Websoulhost.com from and against any and all claims made by any User arising from the reseller’s acts or omissions. Websoulhost.com reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Websoulhost.com. Resellers in the Websoulhost.com Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
Limitation to Liability:
In no event shall Websoulhsot, its directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites, or other materials accessed or downloaded through the services, even if Websoulhost is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Websoulhost’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Websoulhost for the services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You agree to indemnify, defend and hold harmless Websoulhost, our affiliates, and their respective officers, directors, employees, and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the services, (ii) any breach or violation by you of this Agreement, or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
All disputes, controversies, and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement (“Dispute”) shall be referred to and resolved by arbitration in Islamabad, Pakistan under the provisions of The Arbitration Act 1940. The language of the arbitration shall be English. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The parties shall use their best efforts to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator(s) in its absolute discretion. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.
Websoulhost and User are independent contractors and nothing contained in this Agreement places Websoulhost and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Laws & Jurisdiction:
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by and construed in accordance with the laws of Pakistan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes shall be subject to the exclusive jurisdiction of the courts located in Islamabad, Pakistan.
Backups and Data Loss:
At Websoulhost, we take our customers’ data seriously, and we want to ensure that you are fully aware of your responsibilities when using our services. Please note that your use of our Services is at your sole risk, and we do not maintain backups of dedicated accounts or the Services purchased by you. Therefore, you should not rely on us for backup purposes. You are solely responsible for maintaining backups of your files and data, and we will not be responsible for files and/or data residing on your account. By using our services, you agree to take full responsibility for all files and data transferred and to maintain appropriate backups of files and data stored on our servers.
Limited Disclaimer and Warranty:
The Services provided under this Agreement are provided on an “as is” and “as available” basis. Except as expressly provided in this section, Websoulhost and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement. Websoulhost and our affiliates, employees, agents, suppliers and licensors make no representations or warranties (i) that the Services will be uninterrupted, error-free, or completely secure; (ii) as to the results that may be obtained from the use of the Services; or (iii) as to the accuracy, reliability or content of any information provided through the Services. Websoulhost and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the Services. The terms of this section shall survive any termination of this Agreement.
This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services:
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or the Websoulhost to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Websoulhost. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of the User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.