Terms of Service
Helping you understand better some important points on being our valued customer
- Bagful International LLP (referred as Bagful in this document hereafter); seeks to provide you with top quality technology and service(s), thus allowing you the opportunity to administer your own web site on the World Wide Web (WWW) in the most efficient and effective way possible.
- Serivce Updates and Upgradation: We continually upgrade our servers, network, and support to help you achieve your goals in hosting. Bagful reserves the right to suspend or terminate or refuse service(s) to anyone at any time. Under no circumstances, Bagful shall be liable for any business loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this suspension or termination or refusal of services.
- Web-site Content: Your content will remain on your virtual or dedicated server and is not available to any other entity. You have the right to retain on your virtual or dedicated server: any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of Bagful’s services, any material that is, in Bagful’s sole discretion: unlawful, obscene, threatening, abusive, rebellious, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/ or treaties. In short, Bagful’s services shall only be used for lawful activities. Bagful does not allow connection to, or use of, any software or ‘bots’ for IRC or the reselling of ‘shell accounts. These are deemed as a high security risk and if found, will result in account suspension or termination with no refunds under any circumstances.
Uploading material taken from other sites and sources (like magazines, newspapers, TV Channels etc.) without approval is strictly prohibited. The material includes text, images, videos, data or any other material which is not provided as “free to use” is used without the consent of the real owner of the content.
- Pornography: Bagful has zero-tolerance policy on pornography. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. Bagful does not seek to abridge any users’ rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/ or network. Bagful reserves the right to deny service without providing cause for websites with adult content that we deem violates local, state, or federal law. Bagful does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. Bagful specifically retains the right to make the final decision in any matter relating to web site content hosted or access from our IT Infrastructure.
- IT Infrastructure and Network: Our servers are designed to give you the maximum freedom of administration and access to the Internet at the lowest cost available. Our network usage is open to all Bagful users. High Network traffic or throughput is not a problem at Bagful, but extreme network traffic or extreme uploading and downloading can create problems. Your maximum throughput allowed by your website is an estimate of your usage. You are allowed to exceed your maximum usage if total usage at the end of the month will not cross the double what you have been allotted. If you know in advance due to advertising, publicity, or general interest that your throughput will exceed 2 times the amount allowable by your plan, please contact us in advance. This will ensure no downtime and maximum availability of your website at all times. We can upgrade you to another service plan or make other arrangements to save you money and to ensure your site is available at all times.
- Data Access Rights: Bagful provides shared and dedicated hosting services, email services and other related services, by using third party hosting software tools such cPanel Hosting Panel, Plesk Control Panel, Webuzzo Hosting Panel, CentOS Web Panel (CWP) and related software(s). Bagful will have administrative access to all the data stored on shared hosting services by virtue of Administrator role of these software tools mentioned above. Further, Bagful reserves the right to access customer data or can request customer to provide administrative access to the data, in case of any eventuality such as Malware attacks, Virus, Spamming, Ransomware, Brute-force attacks, Denial of Service attacks (DDoS); or any requirements from Domain Registrar, Law enforcement agencies and Govt. agencies to access the customer data on shared hosting services.
- Domain Registration and Renewal Terms:
1. Domain Registration:
1.1. Domain registration services are provided on a best-effort basis and are subject to availability at the time of processing the registration request at the domain registrar end.
1.2. Registration of a domain name is not guaranteed until it has been successfully processed and confirmed by the Domain Registrar.
1.3. The customer is responsible for providing accurate and complete information required for domain registration. Any delays or failures caused due to incorrect information shall not be our liability.
1.4. There might be scenarios that domain name(s) is showing available in certain Whois websites or domain registry services; however it might not be available at the time of processing the actual registration order. The domain registry cache issues can lead to such situations. Bagful shall not be held responsible for such eventualities.2. Domain Renewal:
2.1. It is the customer’s sole responsibility to ensure that domain names are renewed before their respective expiry dates and due invoice(s) are paid before the due dates.
2.2. As a courtesy, we may send renewal reminders by email or through our customer portal; however, we do not guarantee delivery of such reminders.
2.3. The customer must ensure that their contact details (including email address) are updated and accessible for receiving renewal notices.3. Expired Domains & Deletion by Registrar:
3.1. If a domain expires, the respective Domain Registrar may suspend, hold, or delete the domain as per their policies.
3.2. If a domain is deleted by the Registrar due to non-renewal or delay in renewal request/ payment from the customer or any procedural delays from Bagful, we shall not be liable for the loss of the domain name.
3.3. We shall also not be liable for any damages, business loss, goodwill loss, revenue loss, or any consequential claims arising due to expiry or non-renewal of the domain.4. Recovery of Expired Domains:
4.1. Some Domain Registrars offer a Redemption Period for expired domains, during which the domain may be recovered by paying a Redemption Fee.
4.2. Any such recovery is subject to Registrar policies, availability, and the customer’s willingness to pay the associated charges.
4.3. We do not guarantee successful domain recovery once the domain enters expiration or redemption stages.5. Remedies in case of domain name loss post domain expiry date: In case where a domain cannot be renewed or recovered:
5.1. We may offer alternative available domain names that the customer may choose from, OR
5.2. We may provide a refund limited to the amount paid for the domain registration/ renewal.
5.3. This refund or domain replacement shall be the sole and exclusive remedy offered to the customer.6. Limitation of Liability:
6.1. Under no circumstances shall we be responsible for:
– Loss of domain names due to non-renewal.
– Customer’s failure to update contact information.
– Missed renewal notices or email delivery failures.
– Financial losses, business interruption, loss of profits, or reputational damage arising from domain expiration.6.2. The customer understands and agrees that maintaining ownership of a domain requires timely action and payment, and that we cannot be held liable for circumstances beyond our control.
- Support Services: Support shall be provided through Ticketing system only from 8AM to 10PM. You must send email to support@bagful.net to open support ticket. Mail sent to individual email IDs of Bagful employees/ partners or associates shall not be considered. No Phone support shall be available from 01-Apr-24 onwards.
- First response time for submitted Support Request (Through Web and Email only): Within 30 Mins.
- Support Ticket resolution time: 4-6 Hrs (for Tickets other than service down), 2 Hrs (for Tickets related to web or email services down issues). Incase of long lead issues, where resolution is dependent on external agencies or third parties, then revised resolution time shall be informed to the customer.
- Support Services inclusions and exclusions:
- Bagful shall be responsible for resolving issues related to various core services running on core server.
- Bagful shall not be responsible for any issues related to Web page changes or website maintenance, Email spam or email delivery, IP blacklisting issues due to spam generated from customer accounts, malware attacks, ransomware. Customer shall maintain regular backups at their end to mitigate these issues.’
- Migration of customer data or application shall not be Bagful’s responsibility. Bagful may take up this work as additional scope and charges.
- Customer shall be responsible for adding/ deleting Domains, sub-domains and email accounts. Also, modification of mailbox quota shall be managed by customer.
- Customers need to ensure that their hosted websites are regularly updated to latest versions on PHP/ .NET or any other language used in developing their websites. For example, current PHP version is 8.3; so we shall permit upto N-2 i.e. PHP 8.1 on hosting servers. Similarly for other programming environments as well. Any websites running lower versions shall be suspended without any notice till relevant website codes are updated to meet the latest versions.
- Customer shall conduct a timely VAPT audits of their code. Majority of the malware attacks happen due to vulnerable and buggy source code, which are the top contributors for data loss. Any breach due to source code bugs or improper data sanitization, is not Bagful’s responsibility.
- Bagful shall not modify or debug customer application source code. Customers are required to depute their own developer’s to carry out such activities.
- Customers shall provide proper documentation with screenshot so that their application can be successfully deployed and running on the server. This documentation will be used while troubleshooting if the application or website does not work due to any infra or system level issues only.
- Mass Mailing: Our mass mailing rules also apply to mailing lists or mailing services you may contract with. Our policy is very clear and simple in this respect, we do not allow mass mailing of any kind from our server. It may be SPAM or not as per your viewpoint. Our mail servers are tuned for normal business communication and not for bulk mailing. It does not matter if you have a huge client base and want to send a newsletter to them. If you want to send bulk mail, please do not sign up with us. Bagful strictly doesn’t allows any kind of mass mailing.
- Spam: Bagful has a zero-tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the Bagful’s servers and/or network. Violation of the above terms will result in one or all of the following:
- A warning from Bagful’s personnel by E-Mail or Telephone (if volume/severity of SPAM is low).
- NO warning from Bagful (if volume/severity of SPAM is high).
- Removal of DNS for the advertised/originating site.
- Temporary shutdown of the website/server or a block on outgoing mail.
- Permanent disconnection of service WITHOUT REFUND.
- Immediate disconnection of service with no re-activation
- If your actions have caused Bagful’s servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be assessed a $1000 USD charge to your account and $250 USD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses.
- Cracking/ Hacking: Bagful’s customers shall not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your services without refunds.
- Copyright Infringement and Software Piracy: During the term of the hosting contract, Bagful grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided in case of dedicated server, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software installed on the dedicated server, except as is necessary to install on Hardware and for internal, archival purposes.
- Backups: We strongly encourage all of our customers to take their own backups on their own computers or any other suitable back devices, to ensure you have ready access to your data in the event that we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Please kindly take backups of your all files. Please maintain the back up of all of your important emails by downloading them to your local email client like Outlook Express, Thunderbird, or any other similar email client. We do not guarantee your backups in ANY MANNER.
- IP Addresses: Bagful may assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of Bagful or its network provider, are non-portable, and will be retained after service has ceased. Bagful does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by Bagful will result in a $250 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your account will be taken offline until the problem is resolved.
- Suspension: Bagful specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our Terms of Use, non-payment for services, or by request of legal authorities Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.
- Limitation of Liability: Bagful’s liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to Bagful under this Agreement within one year preceding the date Customer contends its claim arose. Under no circumstances, Bagful shall be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if Bagful has been advised of, or is aware of, the possibility of such damages.
- Disclaimer of Warranty: Bagful specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by Bagful, or information on Bagful’s web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligations. Bagful also reserves the right to change prices for no reason, and at any time.
- Late Payment: A late fee at the rate of 2% or Rs. 1000.00 (whichever is higher) will be levied on the overdue invoices, unless agreed otherwise.
- Refund Policy: The subscription fee for all products or services, including but not limited to; domain purchase, domain renewals & domain transfers, web hosting, virtual private servers, bare metals servers, email services, security certificates and all other services; purchased from our website bagful.net, are payable in advance and are non-refundable, under any circumstances. “Transaction date” or Date of the transaction”, for the purpose of this Refund Policy, implies the date of purchase of any product or service, which includes the date on which any of the renewal is processed through our website bagful.net, in accordance with the terms and conditions as mentioned above in this policy.
No Refund after account closure.
Any violations of the above policies will result in immediate suspension of services and/ or termination of your service. By purchasing or subscribing to the products and/ or services listed on our website bagful.net, you agree to be bound by these policies, terms and conditions.