‌Terms & Conditions

Last Updated: 25-10-2024

  1.  This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name https://tohost.in ('Website'), including the related mobile site and mobile application (hereinafter referred to as 'Platform').
  3. The Platform is owned by PIXGATOR SERVICES OPC PVT LTD under the Companies Act, 1956 with its registered office at Rama Rejidency Colony, Iglas, (hereinafter referred to as ‘Platform Aligarh, Aligarh- 202124, Uttar Pradesh ,Aligarh ,India Owner’, 'we', 'us', 'our')..
  4. Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with the Platform Owner and these terms and conditions including the policies constitute Your binding obligations, with Platform Owner. These Terms of Use relate to your use of our website, goods (as applicable) or services (as applicable) (collectively, 'Services'). Any terms and conditions proposed by You which are in addition to or which conflict with these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect. These Terms of Use can be modified at any time without assigning any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates.
  5. For the purpose of these Terms of Use, wherever the context so requires ‘you’, 'your' or ‘user’ shall mean any natural or legal person who has agreed to become a user/buyer on the Platform.
  6. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
  7. The use of Platform and/or availing of our Services is subject to the following Terms of Use
    1. To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account on the Platform.
    2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    3. Your use of our Services and the Platform is solely and entirely at your own risk and discretion for which we shall not be liable to you in any manner. You are required to independently assess and ensure that the Services meet your requirements.
    4. The contents of the Platform and the Services are proprietary to us and are licensed to us. You will not have any authority to claim any intellectual property rights, title, or interest in its contents. The contents includes and is not limited to the design, layout, look and graphics.
    5. You acknowledge that unauthorized use of the Platform and/or the Services may lead to action against you as per these Terms of Use and/or applicable laws.
    6. You agree to pay us the charges associated with availing the Services.
    7. You agree not to use the Platform and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or Indian or local laws that might apply to you.
    8. You agree and acknowledge that website and the Services may contain links to other third party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third party websites. These links are provided for your convenience for provide further information.
    9. You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the Platform Owner for the Services.
    10. You shall indemnify and hold harmless Platform Owner, its affiliates, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
    11. Notwithstanding anything contained in these Terms of Use, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event.
    12. These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India.   
    13. All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Aligarh and Uttar Pradesh .
    14. All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this website          

1. Acceptance of Terms

  • Your use of the Platform and Services constitutes a legally binding agreement with Pixgator Services (OPC) Private Limited.
  • These Terms may be modified at any time without prior notice. It is your responsibility to periodically review them for updates.
  • If you continue using the Services after any modifications, it will be deemed as your acceptance of the revised Terms.

2. Eligibility

To access and use our Services, you must:

  • Provide true, accurate, and complete information during registration.
  • Ensure that your use of our Services complies with all applicable laws and regulations.

3. Account Responsibility

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You are responsible for all activities conducted through your account.
  • If you suspect unauthorized access, you must notify us immediately.

4. Use of Services

4.1 Permitted Use

You agree to use our Services only for lawful purposes. Prohibited activities include, but are not limited to:

  • Violating any applicable laws or regulations.
  • Hosting or distributing prohibited content as outlined in Section 7.
  • Spamming, phishing, illegal file sharing, or hacking activities.

4.2 Unauthorized Use

  • Any unauthorized use, including hacking or misuse, will result in immediate account termination without a refund.
  • We reserve the right to take legal action against any unauthorized use.

5. Intellectual Property

  • All content, designs, software, and materials provided by Pixgator Services (OPC) Private Limited remain our property.
  • You may not copy, distribute, modify, or create derivative works without our written consent.
  • Unauthorized use of the Platform and/or Services may result in legal action.

6. Payment and Refunds

6.1 Payment Obligations

  • You agree to pay all applicable fees for the Services you purchase.
  • Payments must be made as per the terms specified at the time of purchase.

6.2 Refund Policy

  • Refunds will only be processed if the requested Service cannot be delivered as per our policies.
  • No refunds will be issued for violations of these Terms, including prohibited content and spamming.
  • Chargebacks, payment disputes, or fraudulent transactions may result in account suspension or legal action.

7. Prohibited Content and Activities

7.1 Prohibited Content

You may not host, distribute, or engage in activities involving:

  • Illegal Material: Copyright violations, pirated content, or promotion of illegal activities.
  • Adult Content: Pornography, sexually explicit materials, or nudity-related content.
  • Spam & Bulk Emailing: Unsolicited emails, mailing lists, or bulk emailing.
  • Hacking Tools: Warez, exploits, or hacking-related tools.

7.2 Prohibited Hosting Activities

  • IRC scripts
  • Proxy scripts
  • Torrents
  • Streaming services on shared or reseller hosting plans

Violations will result in immediate suspension or termination without refund.

8. Mailing Policy

  • Each cPanel account may send up to 1,000 emails per day.
  • Bulk emailing is strictly prohibited on shared and reseller hosting plans.
  • Accounts found sending spam will be suspended without notice.

9. Data Backup and Security

  • Customers are solely responsible for maintaining their data backups.
  • Pixgator Services (OPC) Private Limited is not liable for data loss, unauthorized access, or hacking incidents.
  • Regular updates of scripts, plugins, and modules are mandatory for security.

10. Domain Registration Policy

Customers may not register domain names that infringe on trademarks or copyrights, including but not limited to:

  • amazonaffiliates.in
  • facebookfollower.in
  • googleindia.in

Violations may result in the deletion of the domain without refund.

11. Resource Usage Limits

  • CPU, RAM, and Bandwidth Usage:
    • Excessive usage of server resources may result in account suspension or throttling.
    • Customers must optimize their websites to avoid overuse.
  • Inode Limits:
    • Shared hosting accounts have inode (file) limits. Exceeding this may lead to service restrictions.
  • Fair Usage Policy:
    • Accounts must comply with our fair usage limits for CPU, disk, and bandwidth.

12. Force Majeure

Neither party shall be liable for any failure to perform obligations if performance is prevented or delayed due to:

  • Natural disasters
  • Power outages
  • Government actions
  • Any unforeseen circumstances beyond our control

13. Indemnification

You agree to indemnify and hold Pixgator Services (OPC) Private Limited, its affiliates, officers, directors, agents, and employees, harmless from any claim, demand, or legal action arising from:

  • Your breach of these Terms.
  • Your violation of any laws or third-party rights.
  • Any penalty imposed due to your actions.

14. Limitation of Liability

In no event shall Pixgator Services (OPC) Private Limited be liable for:

  • Any indirect, consequential, incidental, special, or punitive damages.
  • Loss of profits, revenues, business, data, or economic interests.
  • Any claims exceeding the amount you paid for the Service or ₹100 INR, whichever is lower.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Aligarh Uttar Pradesh

16. Amendments and Updates

  • We reserve the right to modify these Terms at any time.
  • Changes take effect immediately upon posting on our website.

17. Contact Us

For any concerns or questions regarding these Terms, please reach out to us using the contact details provided on our website.