1. Agreement & Identification of Parties
This Master Services Agreement is executed between HostAsia Cloud Technologies (hereinafter referred to as "HostAsia", "we", "us", or "our"), having its registered server infrastructure and principal operations in Mumbai, Maharashtra, India, and the entity or individual subscribing to our services (hereinafter referred to as "Customer", "Subscriber", or "You").
By completing the checkout process, submitting payment, clicking "Complete Order", creating an account on hostasia.in or userpanel.hostasia.in, or utilizing any of our automated REST APIs, you unconditionally confirm that you have read, understood, and agreed to be bound by these Terms. If you are entering into this agreement on behalf of a company or legal entity, you represent that you hold full legal authority to bind such entity.
2. Account Registration, Eligibility & Statutory KYC
To subscribe to cloud hosting, virtual private servers (VPS), or domain names, you must satisfy statutory verification standards:
ha_live_...), and root/SSH private keys. Any action taken via your authenticated account shall be deemed your direct legal act.3. Acceptable Use Policy (AUP) & Zero-Tolerance Abuse Rules
HostAsia operates high-performance Tier-4 infrastructure and enforces a strict, zero-tolerance policy against malicious or unlawful network activity.
- Child Sexual Abuse Material (CSAM): Immediate account termination, permanent disk zeroing, and mandatory reporting to Indian Law Enforcement (CBI/Interpol) and NCMEC.
- Malware & Cyber Attacks: Hosting or propagating botnets, ransomware, keyloggers, Trojans, exploit payloads, command-and-control (C2) nodes, or stresser/booter infrastructure.
- Network Abuse & Scanning: Conducting unauthorized port scans, SYN floods, UDP amplification, IP spoofing, or launching outbound Denial-of-Service (DDoS) attacks.
- Unsolicited Bulk Email (Spam): Sending unsolicited commercial email (UCE), operating open mail relays, or causing HostAsia IP allocations to be blacklisted on Spamhaus, SORBS, or Barracuda.
- Phishing & Brand Spoofing: Deceptive landing pages imitating financial banking portals, government agencies, or cryptocurrency exchanges.
- Unauthorized Crypto-Mining: Utilizing CPU/GPU cycles on shared hosting or standard VPS plans for cryptocurrency mining, proof-of-work calculations, or excessive hypervisor throttling.
- Copyright Infringement: Hosting pirated software warez, unlicenced streams, or infringing trademarked content without statutory license.
4. 99.9% Network Uptime Service Level Agreement (SLA)
HostAsia guarantees a 99.9% Network and Power Availability for all cloud web hosting and VPS nodes situated in our Mumbai (CtrlS/STT) and Singapore (Equinix) datacenters during any given calendar month.
| Monthly Network Uptime | Service Credit Eligibility (% of Monthly Fee) |
|---|---|
| 99.9% – 100.0% | Standard Operational Baseline (SLA Satisfied) |
| 99.0% – 99.89% | 10% SLA Credit Applied |
| 95.0% – 98.99% | 25% SLA Credit Applied |
| Below 95.0% | 50% SLA Credit Applied |
SLA Exclusions: Scheduled routine maintenance communicated at least 24 hours in advance, emergency hardware component replacements, upstream tier-1 carrier fiber cuts beyond HostAsia's control, customer-side misconfigurations, or outbound DDoS attacks targeting the customer's server exceeding subscribed bandwidth thresholds.
5. Billing, Invoicing & GST Taxation
All hosting services are billed on an upfront, prepaid basis according to the selected billing cycle (Monthly, Annually, Biennially, or Triennially):
- Goods and Services Tax (GST): In compliance with the Central Goods and Services Tax Act, 2017 (CGST Act), all transactions originating within India are subject to 18% GST (SAC code 998315). Indian registered businesses must supply a valid GSTIN during checkout to claim Input Tax Credit (ITC).
- Automated Renewal Invoices: Renewal invoices are issued seven (7) days prior to the expiration date. Invoices remaining unpaid upon the due date are subject to automated suspension after a three (3) day grace period.
- Payment Chargebacks & Disputes: Initiating an unauthorized chargeback or payment gateway dispute without prior written engagement with our billing team will result in immediate suspension of all associated services and a statutory administrative chargeback recovery fee.
6. Refund Policy: 24h VPS/RDP/Dedicated, 10d Web Hosting & Delivery SLA
HostAsia provides transparent refund criteria tailored strictly by product category. Full terms are detailed in our dedicated Refund Policy:
- Cloud NVMe VPS (India & SG)
- Windows RDP Server instances
- Bare-Metal Dedicated Servers
- Valid strictly within 24h of activation
- Shared NVMe Web Hosting
- Managed WordPress Hosting
- Cloud Web Hosting accounts
- Valid within 10 calendar days
If HostAsia fails to provision and hand over your VPS, RDP, or Dedicated Server within 24 hours of payment, you receive an immediate 100% Full Refund with zero deductions.
- Domain registrations, renewals & transfers
- Renewal cost for ANY service once processed
- Third-party licenses (cPanel, LiteSpeed)
7. Domain Name Registration & Registry Terms
As an accredited domain reseller and registry partner:
1. ICANN & Registry Binding: Domain registrations are subject to the policies of the Internet Corporation for Assigned Names and Numbers (ICANN), the National Internet Exchange of India (.IN Registry / NIXI), and the Uniform Domain-Name Dispute-Resolution Policy (UDRP / INDRP).
2. Expiration & Redemption Grace Period: Upon reaching expiration, domains immediately enter a registrar grace period (typically 0–30 days), followed by a registry Redemption Grace Period (RGP). Restoring a domain during RGP incurs mandatory upstream registry penalty fees. HostAsia bears no liability for domains dropped or acquired by third parties due to non-renewal by the customer prior to expiry.
8. Data Backups & Customer Responsibility
While HostAsia maintains daily offsite disaster recovery snapshots on select shared hosting accounts as a courtesy, you, the Customer, bear sole and ultimate responsibility for maintaining independent, local, and offsite backups of your website source code, databases, media files, and emails.
On unmanaged and self-managed Cloud VPS and Dedicated Servers, HostAsia does NOT inspect or maintain internal operating system level backups unless the Customer explicitly subscribes to an automated Managed Backup Addon. HostAsia shall under no circumstances be liable for loss of data resulting from hardware failure, software bugs, accidental customer deletion, or security compromises of your applications.
9. Fair Use & Shared Infrastructure Resource Quotas
To preserve optimal responsiveness and sub-10ms latency for all clients sharing hypervisor nodes:
1. Shared Hosting CPU & RAM Limits: Shared hosting accounts are managed under CloudLinux OS LVE (Lightweight Virtual Environment) limits. Persistent sustained utilization exceeding 100% of an allocated LVE CPU core for longer than 180 seconds will trigger automatic CPU throttling to protect neighboring tenants.
2. Inode Quotas: Shared hosting plans are subject to an Inode allocation limit (typically 250,000 to 500,000 files/folders). Storing millions of transient cache files or utilizing shared web hosting as cloud file storage/personal backup drives is strictly prohibited.
10. Suspension, Inactivity & Permanent Termination
HostAsia executes lifecycle management under the following transparent timeline:
| Trigger Event | Timeline | System Action Taken |
|---|---|---|
| Unpaid Invoice Due Date | Day +3 Post Expiry | Automated web and cPanel access temporary suspension. |
| Continued Inactivity / Non-Payment | Day +14 Post Expiry | Virtual machine disk de-allocation and snapshot preservation. |
| Final Termination | Day +30 Post Expiry | Permanent automated disk zeroing and reclamation. Data unrecoverable. |
| Critical AUP / Malware Violation | Immediate (< 15 mins) | Emergency network quarantine by NOC to protect hypervisor integrity. |
11. Limitation of Liability & Indemnification
1. Maximum Liability Cap: In no event shall HostAsia, its directors, officers, employees, or upstream infrastructure suppliers be liable to the Customer for any indirect, incidental, punitive, special, or consequential damages (including, but not limited to, loss of business revenue, anticipated profits, customer goodwill, or data corruption). Under all circumstances, HostAsia’s aggregate financial liability arising out of or related to these Terms or any service shall be strictly capped at the total amount actually paid by the Customer to HostAsia for the specific affected service during the three (3) months immediately preceding the event giving rise to liability.
2. Customer Indemnification: You agree to defend, indemnify, and hold harmless HostAsia Cloud Technologies from and against any and all claims, regulatory penalties, damages, losses, costs, and legal fees resulting from: (a) your breach of these Terms or the Acceptable Use Policy; (b) any content, website, or software hosted on your servers; or (c) any violation of third-party intellectual property or privacy rights.
12. Governing Law, Arbitration & Official Communications
This Agreement shall be governed by, construed, and enforced in accordance with the substantive laws of the Republic of India, without regard to its conflict of law principles.