Terms-and-Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "You", "Your") and NXlogy Solutions Private Limited ("AiryHosting", "We", "Us", "Our"), a company incorporated under the laws of India, having its registered office at D 31, 3rd Floor, Sector 10, Noida 201301, Uttar Pradesh, India.

By accessing or using our website (airyhosting.com), client portal (my.airyhosting.com), or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

2. Services Offered

AiryHosting provides web hosting services including but not limited to:

• Static Website Hosting
• WordPress Hosting
• Shared Hosting
• Domain Name Services
• Email Hosting
• SSL Certificates

All services are provided on a prepaid basis only. Services are activated only after successful payment verification through our authorized payment gateway (Razorpay).

3. Account Registration and Eligibility

3.1 Eligibility

• You must be at least 18 years of age to use our services
• You must provide accurate, complete, and current information during registration
• You must be legally capable of entering into binding contracts under Indian law
• Business customers must provide valid GST registration details where applicable

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We are not liable for any loss or damage arising from your failure to maintain account security

3.3 One Account Per Customer

• Each customer is limited to a maximum of 10 active hosting services
• Multiple accounts by the same individual or entity may be suspended without notice
• This limitation is in place to prevent abuse and ensure fair resource allocation

4. Payment Terms

4.1 Prepaid Services

• All services are prepaid and require payment before activation
• We accept payments only through Razorpay payment gateway
• All prices are listed in Indian Rupees (INR) and include applicable taxes
• Prices are subject to change with 30 days prior notice to existing customers

4.2 Billing Cycles

• Services are billed based on your selected billing cycle (monthly, quarterly, semi-annually, annually)
• Renewal invoices are generated 14 days before the service expiration date
• Renewal reminder emails are sent at 14, 7, 3, and 1 day before expiration

4.3 Automatic Renewal

• Services do NOT auto-renew automatically
• You must manually pay renewal invoices before the due date
• Failure to renew will result in service suspension and termination as per Section 5

4.4 GST and Taxes

• All prices are inclusive of applicable Goods and Services Tax (GST)
• GST-registered businesses will receive tax invoices with proper GST details
• You are responsible for any additional taxes applicable in your jurisdiction

4.5 Payment Failures

• Unpaid invoices will be automatically cancelled after 3 days for new customers
• Existing customers: Services will be suspended immediately (0 days) after the due date
• Termination occurs 3 days after suspension for paid services
• No grace period is provided for renewal payments

5. Service Suspension and Termination

5.1 Suspension Due to Non-Payment

• Immediate Suspension: Services are suspended on the first day after the invoice due date
• Data Access: You will not be able to access your data during suspension
• Service Restoration: Payment must be made within 3 days to restore services
• Termination: Services and all data will be permanently deleted 3 days after suspension

5.2 Suspension Due to Policy Violations

We reserve the right to immediately suspend or terminate your account if:

• You violate our Acceptable Use Policy
• You engage in spam, phishing, or malicious activities
• You exceed resource limits consistently
• You provide false or misleading information
• You attempt to compromise server security
• You host illegal, harmful, or prohibited content

5.3 Data Backup Responsibility

• You are solely responsible for backing up your data before suspension or termination
• We provide daily automated backups for disaster recovery purposes only
• Backups are retained for 7 days and are not guaranteed
• Backup restoration may incur additional fees
• Deleted data cannot be recovered after termination

6. Refund Policy (15-Day Money-Back Guarantee)

6.1 Eligibility

• Applies only to NEW customers on their FIRST hosting purchase
• Valid for 15 days from the date of initial payment
• Applies to hosting plans only (excludes domain registrations, SSL certificates, add-ons)

6.2 Refund Process

• Submit a refund request via support ticket at my.airyhosting.com
• Provide reason for refund request
• We review and process eligible requests within 7 business days
• Refunds are issued to the original payment method via Razorpay
• Processing time: 5-10 business days after approval

6.3 Non-Refundable Items

• Domain name registrations and renewals
• SSL certificates
• Setup fees (if applicable)
• Add-on services
• Renewal payments
• Suspended or terminated accounts
• Accounts with policy violations

6.4 Refund Restrictions

• Only one refund per customer
• Refund requests after 15 days will not be processed
• We reserve the right to deny refunds for abuse or fraudulent activity
• Partial refunds are not provided for partial use of services

7. Resource Usage and Limitations

7.1 Fair Use Policy

All hosting plans are subject to fair use policies:

• Monthly bandwidth limits apply as specified in your plan
• Plans are designed for typical website usage patterns
• Sustained high usage may require an upgrade to a higher tier
• Fair resource allocation ensures optimal performance for all customers
• We'll notify you before taking any action if limits are approached

7.2 Resource Abuse

Consistent excessive resource usage beyond your plan limits may result in:

• Notification and request to upgrade
• Temporary suspension to prevent server impact
• Forced upgrade to higher plan
• Account termination for repeated violations

7.3 Unlimited Services

Where "unlimited" is specified:

• Subject to fair use and reasonable usage
• Must not negatively impact server performance
• We reserve the right to define reasonable usage limits
• Excessive usage may require plan upgrade

8. Prohibited Activities and Content

8.1 Strictly Prohibited

The following activities are strictly prohibited and will result in immediate account termination:

Illegal Content:

• Child sexual abuse material
• Pirated software, movies, music, or books
• Copyright or trademark infringement
• Content that violates Indian laws (IT Act 2000, IPC, etc.)

Malicious Activities:

• Spam email distribution (bulk unsolicited emails)
• Phishing websites or attempts
• Malware, viruses, or trojans distribution
• DDoS attacks or participation
• Hacking, cracking, or unauthorized access attempts
• Cryptocurrency mining without prior authorization

Resource Abuse:

• IRC bots, proxy servers, or Tor exit nodes
• File sharing or torrent hosting
• Mass email services
• CPU-intensive scripts without optimization

Harmful Content:

• Terrorist content or recruitment
• Content promoting violence or self-harm
• Hate speech targeting individuals or communities
• Adult content (pornography) - Not permitted on shared hosting

8.2 Spam Policy

We have ZERO TOLERANCE for spam. This includes:

• Sending unsolicited commercial emails
• Using our servers for bulk email distribution
• Hosting websites advertised through spam
• Email harvesting or list purchasing
• Using others' email addresses without permission

Consequences:

• First offense: Immediate account suspension
• Investigation period: 24-48 hours
• If spam confirmed: Permanent account termination without refund
• No warnings issued for spam violations

8.3 Content Responsibility

• You are solely responsible for all content hosted on your account
• You must have legal rights to all content you host
• We reserve the right to remove any content without notice
• We may report illegal content to law enforcement authorities

9. Server Management and Maintenance

9.1 Scheduled Maintenance

• Scheduled maintenance is performed during low-traffic hours (2 AM - 6 AM IST)
• Advance notice of 48 hours provided for planned maintenance
• Expected downtime during maintenance: Maximum 2 hours
• Emergency maintenance may be performed without notice

9.2 Server Location and Configuration

• Primary server location: United States
• Nameservers: ns1.airyhosting.com, ns2.airyhosting.com
• Control Panel: Plesk
• Server specifications disclosed in hosting plan details

9.3 Backups

• Daily automated backups performed for disaster recovery
• Backups retained for 7 days
• Backups are not guaranteed and may fail
• You are responsible for maintaining your own backups
• Backup restoration requests may incur fees (₹500-₹2000 depending on complexity)

10. Support Services

10.1 Support Channels

• Primary: Support ticket system at my.airyhosting.com
• Email: support@airyhosting.com (24/7)
• Phone: +91 9773880721 (Mon-Sat, 10 AM - 6 PM IST)
• Emergency: emergency@airyhosting.com (critical issues only)

10.2 Support Scope

Included Support:

• Account and billing assistance
• Server connectivity troubleshooting
• Control panel (Plesk) guidance
• DNS and nameserver configuration
• Email account setup
• SSL certificate installation
• Basic WordPress guidance
• Security incident response

NOT Included (Paid Services):

• Custom script development
• Website design or redesign
• Theme customization
• Plugin debugging
• Performance optimization
• Malware removal (if caused by customer)
• Data recovery beyond 7-day backup
• Third-party application setup

10.3 Response Times

• Critical issues: 30 minutes (24/7)
• High priority: 2 hours (24/7)
• Medium priority: 4 hours (business hours)
• Low priority: 12 hours (business hours)

11. Domain Name Services

11.1 Domain Registration

• Domain names are registered through third-party registrars
• Domain registration fees are non-refundable
• You are responsible for domain renewal before expiration
• We are not responsible for domain expiration or loss

11.2 Domain Ownership

• You retain full ownership of domains registered through us
• Domain transfer out is permitted at any time
• Transfer fees may apply as per registrar policy
• Domain disputes are subject to ICANN/registrar policies

11.3 DNS Management

• Free DNS hosting included with domain registration
• DNS changes may take 24-48 hours to propagate globally
• We are not responsible for incorrect DNS configurations
• Premium DNS services available upon request

12. SSL Certificates

12.1 Free SSL Certificates

• Free Let's Encrypt SSL certificates provided
• Automatic installation and renewal
• Valid for 90 days, auto-renewed
• Subject to Let's Encrypt terms and conditions

12.2 Premium SSL Certificates

• Commercial SSL certificates available for purchase
• Installation included with purchase
• Renewal responsibility lies with customer
• Refunds subject to certificate authority policy

13. Service Level Agreement (SLA)

13.1 Uptime Guarantee

• Target Uptime: 99.9% monthly uptime
• Excludes: Scheduled maintenance, customer-caused issues, force majeure events
• Measurement: Calculated monthly based on server availability

13.2 Uptime Credits

If uptime falls below 99.9% (excluding allowed downtime):

• 99.0% - 99.9%: 5% monthly fee credit
• 98.0% - 99.0%: 10% monthly fee credit
• Below 98.0%: 15% monthly fee credit

Credit Conditions:

• Credits must be requested within 7 days of incident
• Credits applied to next billing cycle only
• Credits do not exceed monthly service fee
• Credits are the sole remedy for uptime failures

13.3 Excluded Downtime

Uptime guarantee does not apply to:

• Scheduled maintenance (with notice)
• Emergency security patches
• Customer-caused issues (script errors, resource abuse)
• DDoS attacks or external attacks
• Internet backbone failures
• Force majeure events

14. Intellectual Property Rights

14.1 Our Rights

All content on airyhosting.com, including:

• Logo, trademarks, and branding
• Website design and code
• Documentation and tutorials
• Control panel customizations

These are proprietary to NXlogy Solutions Private Limited and protected under Indian copyright law.

14.2 Your Rights

• You retain all ownership rights to content you upload
• You grant us license to store and display your content as necessary to provide services
• We do not claim ownership of your websites or data

14.3 Copyright Infringement

We respect intellectual property rights and comply with:

• Information Technology Act, 2000
• Copyright Act, 1957

DMCA/Copyright Complaint Process:

1. Submit written notice to support@airyhosting.com
2. Include: Your contact details, copyrighted work description, infringing material location
3. Include statement of good faith belief
4. We investigate and remove infringing content if verified
5. Account may be suspended pending investigation

15. Limitation of Liability

15.1 Service Provided "As-Is"

• Services provided on "as-is" and "as-available" basis
• No warranties of merchantability or fitness for particular purpose
• We do not guarantee error-free or uninterrupted service

15.2 Liability Limits

To the maximum extent permitted by Indian law:

Our total liability is limited to the amount you paid for services in the 3 months preceding the claim.

We are not liable for:

• Lost profits, revenue, or business opportunities
• Data loss or corruption
• Indirect, incidental, or consequential damages
• Service interruptions or downtime
• Third-party actions or content
• Hacking, security breaches, or unauthorized access
• Force majeure events

15.3 Your Responsibility

You agree to indemnify and hold harmless AiryHosting from:

• Claims arising from your use of services
• Your violation of these Terms
• Your violation of third-party rights
• Content you host on our servers
• Legal costs and attorney fees resulting from above

16. Modifications to Terms

16.1 Right to Modify

• We reserve the right to modify these Terms at any time
• Material changes will be notified via email 30 days in advance
• Continued use after changes constitutes acceptance
• If you disagree with changes, you may cancel services before changes take effect

16.2 Service Changes

We reserve the right to:

• Modify or discontinue any service feature
• Change pricing with 30 days notice
• Update server configurations
• Modify resource allocations with notice

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms are governed by the laws of India, specifically:

• Information Technology Act, 2000
• Indian Contract Act, 1872
• Consumer Protection Act, 2019
• Other applicable Indian laws

17.2 Jurisdiction

All disputes arising from these Terms or services shall be subject to the exclusive jurisdiction of the courts in Noida, Uttar Pradesh, India.

17.3 Dispute Resolution Process

Before initiating legal proceedings:

1. Contact our support team to resolve the issue amicably
2. If unresolved, escalate to management at support@airyhosting.com
3. Attempt mediation through mutually agreed mediator
4. If still unresolved, proceed to arbitration or court as per Indian law

17.4 Arbitration

• Disputes may be resolved through arbitration under the Arbitration and Conciliation Act, 1996
• Arbitration conducted in English language in Noida, India
• Arbitration award is final and binding

18. Privacy and Data Protection

18.1 Privacy Policy

Your use of our services is also governed by our Privacy Policy, available at airyhosting.com/privacy-policy

18.2 Data Protection Compliance

We comply with:

• Information Technology Act, 2000 (India)
• GDPR (for EU customers)
• CCPA (for California customers)

18.3 Data Processing

• We process your data only as necessary to provide services
• We do not sell or rent your personal information
• You have rights to access, correct, and delete your data
• See Privacy Policy for complete details

19. Account Termination

19.1 Termination by Customer

• You may terminate your account at any time via support ticket
• No refunds for partial months or early termination (except within 15-day guarantee)
• Data will be retained for 7 days after termination, then permanently deleted
• Domain names remain under your ownership

19.2 Termination by AiryHosting

We may terminate your account immediately for:

• Violation of Terms and Conditions
• Violation of Acceptable Use Policy
• Non-payment of invoices
• Fraudulent activity
• Legal requirement
• Repeated policy violations

19.3 Effect of Termination

Upon termination:

• All services are immediately deactivated
• All data is permanently deleted after 7 days
• Outstanding invoices remain payable
• No refund for remaining service period
• Domain names transferable if separately paid

20. Force Majeure

We are not liable for failure to perform obligations due to:

• Natural disasters (earthquakes, floods, fires)
• War, terrorism, or civil unrest
• Government actions or orders
• Internet backbone failures
• Power grid failures
• Pandemics or epidemics
• Other events beyond our reasonable control

During force majeure events:

• Service obligations are suspended
• No refunds or credits provided
• We will make reasonable efforts to restore services
• Communication via email and social media

21. Miscellaneous

21.1 Entire Agreement

These Terms constitute the entire agreement between you and AiryHosting regarding services.

21.2 Severability

If any provision is found invalid, remaining provisions continue in full force.

21.3 Waiver

Failure to enforce any right does not constitute waiver of that right.

21.4 Assignment

You may not assign this agreement without our written consent. We may assign this agreement without restriction.

21.5 No Agency

Nothing in these Terms creates a partnership, joint venture, or employment relationship.

22. Contact Information

NXlogy Solutions Private Limited (AiryHosting)

Registered Office:
D 31, 3rd Floor
Sector 10, Noida 201301
Uttar Pradesh, India

Contact:
Email: support@airyhosting.com
Phone: +91 9773880721
Website: https://airyhosting.com
Client Portal: https://my.airyhosting.com

Business Hours:
Monday - Saturday: 10:00 AM - 6:00 PM IST
Sunday: Closed

Last Updated: November 12, 2025
Version: 1.0
Effective Date: November 12, 2025

By using AiryHosting services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.