Terms of Service

1. Ownership and Services Purchased

1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased. NBMHost may modify the products and services it offers from time-to-time.

1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes to the services provided by them.

2. Term of Agreement

2.1. This Agreement becomes effective immediately when Customer clicks "I Agree" and remains effective and binding until terminated by either party.

2.2. The term of this Agreement is set to the Customer's billing term. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate.

3. Obeying the Law

3.1. NBMHost is required to comply with the laws and official policies of the jurisdictions in which we operate. We will comply with all appropriate laws and official policies.

4. Payments and Billing

4.1. NBMHost will automatically bill your payment method on file prior to the due date. All fees are billed in United States Dollars ("USD") or Indian Rupees ("INR") and are subject to change with thirty (30) days prior notice to you.

4.2. Your "Billing Term" is the period of time you have chosen to receive bills for the Services (e.g., monthly, quarterly, or annually).

5. Late Payments

5.1. Any account not paid in full by the due date will be given a grace period. If payment is not made within the grace period, we reserve the right to suspend your Service(s) and charge a late fee. Following suspension, we reserve the right to terminate Service(s) for non-payment.

5.2. NBMHost is not responsible for any damages or losses as a result of suspension or termination for non-payment.

6. Refund Policy and Billing Disputes

6.1. No refunds are offered on VPS hosting, dedicated server packages, setup fees, domain registrations, or software licenses. Please refer to our official Refund Policy page for details on eligible services.

6.2. Refunds will be issued only to the original payment method and may take up to one (1) week to be credited.

7. Chargebacks, Reversals, and Retrievals

7.1. If NBMHost receives a chargeback or payment dispute, your Services may be suspended without notice. A chargeback fee, plus any outstanding balances, must be paid in full before service is restored.

7.2. If NBMHost appeals a chargeback and wins, any double payment will be applied to your account as a service credit.

8. Cancellation of Services

8.1. You may cancel Service(s) by submitting a cancellation request in our client portal. Cancellations must be requested prior to the service's renewal date to avoid being billed for the next term.

8.2. If you pay via PayPal, it is your responsibility to cancel any recurring subscription payments.

8.3. NBMHost may terminate this Agreement at any time. If terminated for any reason other than a material breach by you, any prepaid fees shall be refunded.

9. Refusal of Service

9.1. NBMHost reserves the right to refuse service to anyone at any time. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms may be removed from our servers, with or without notice.

9.2. Any communication with our staff that is belligerent, abusive, or threatening will result in a warning, followed by account suspension or termination without refund.

10. Resource Usage

10.1. Each customer is required to utilize server resources responsibly. Excessive consumption of shared resources (CPU, Memory) can interfere with service for other users. NBMHost reserves the right to suspend or terminate Services on any account that is abusing server resources.

11. Bandwidth Usage

11.1. You are allocated a monthly bandwidth allowance. Should your account exceed the allocated amount, NBMHost reserves the right to suspend the account or charge you an additional fee for the overages.

12. Licenses

12.1. NBMHost grants you a non-exclusive, non-transferable license to use technology provided by us solely to access and use the Services. This license terminates on the expiration or termination of this Agreement.

13. Service Modifications

13.1. NBMHost reserves the right to add, modify, or remove any features from any service at any time, with or without notice.

14. Uptime Guarantee

14.1. We provide a 99.9% uptime guarantee as detailed in our Service Level Agreement (SLA). This does not cover scheduled maintenance or client-caused errors.

15. Support Policy

15.1. The official method for technical support is via our help desk/ticket system. Limited support may be provided via telephone or live chat at our discretion.

15.2. Resellers are responsible for supporting their own customers.

16. Advanced Support Policy

16.1. Support is limited to our area of expertise. We may assess an "Advanced Support Fee" for any issue that is outside the scope of our standard support.

17. Backup Services

17.1. Your use of our Services is at your sole risk. You agree to take full responsibility for your files and data and to maintain appropriate backups. Any backup services provided by us are offered as a courtesy with no guarantee.

18. Domain Name Registrations, Transfers, and Renewals

18.1. We will make every effort to ensure domain names are registered and renewed on time, but it is your responsibility to contact us if a domain is not processed correctly.

19. Expired Domain Deletion Policy

19.1. Immediately after the expiration of a domain, we may direct the domain to a parking page. After a grace period, the domain may enter a redemption period (with additional fees) and may eventually be auctioned or released to the public.

20. IP Address Allocation

20.1. Any dedicated IP order may be subject to IP justification to conform with policies of Regional Internet Registries (RIRs).

21. Acceptable Usage Policy

21.1. You shall use our services only for lawful purposes. The full list of prohibited materials and actions is outlined on our AUP page. This includes but is not limited to copyright infringement, child pornography, and spamming.

22. Restrictions on Storage Space Usage

22.1. Accounts are not for use of mass storage of backups or mass distribution of files (e.g., torrents or mirrors). All content must be part of an active, working website.

23. Multi-Location Hosting

23.1. We do not guarantee the availability of any and all host locations and reserve the right to add, move, modify, or remove any location at any time.

24. Warranties

24.1. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

25. Limitation of Liability

25.1. IN NO EVENT SHALL NBMHOST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.

26. Indemnification

26.1. You agree to indemnify, defend and hold harmless NBMHost from and against any and all claims, damages, and expenses arising out of your use of the Services.

27. Governing Law and Disputes

27.1. This agreement shall be governed by the laws of the State of Maharashtra, India. The exclusive venue for all disputes shall be the courts in Virar, Maharashtra.

28. Partial Invalidity

28.1. If any provision of this Agreement is held to be invalid, the remaining provisions shall nevertheless remain in full force and effect.

29. Changes to the Terms of Service

29.1. NBMHost reserves the right to modify this Agreement at any time. We will provide notice of such a change by posting it on our website.

30. Assignment

30.1. This Agreement may be assigned by NBMHost but may not be assigned by you.

31. Force Majeure

31.1. Neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control (e.g., acts of God, war, fire).

32. No Waiver

32.1. No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this Agreement.

33. No Agency

33.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship.

34. Survival

34.1. Certain sections, including but not limited to Limitation of Liability and Indemnification, shall survive the termination of this Agreement.

35. HIPAA Disclaimer

35.1. We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with laws governing the privacy and security of personal data, including medical or other sensitive data. Storing "protected health information" is a material violation of this Agreement.