Terms of Service

TomonTo.ORG Terms Of Service
TomonTo.ORG provides web hosting, domain registration, cloud and dedicated server services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of TomonTo.ORG are subject to the following terms of service:

Indemnification Policy
You agree to use all TomonTo.ORG services and facilities at your own risk. TomonTo.ORG specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall TomonTo.ORG be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold TomonTo.ORG harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against TomonTo.ORG, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TomonTo.ORG against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with TomonTo.ORG’s server. TomonTo.ORG reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. TomonTo.ORG shall be the sole judge of what violates this Policy.

DMCA Policy

(1) The customer expressly warrants that the provision or publication of the contents which the customer uploads and/or of the websites which are created on the customer’s behalf by the Provider in accordance with the customer’s instructions do not contravene German law or any potentially deviating laws of the country in which the customer’s registered seat is located, particularly including copyright laws, data protection laws, and the laws governing unfair competition. The customer furthermore warrants that the content provided or published does not violate public morals, does not contain any pornographic or obscene materials, does not incite racial hatred, does not infringe upon human dignity, does not endanger children or adolescents, and is not insulting or discriminatory. This also applies to third party websites to which the customer installs a link , has a link installed or tolerates a link.  

(2) If the Provider receives a complaint from a third party alleging that content on a customer’s website infringes on the rights of said third party, and if the complaint is sufficiently specific to allow the alleged infringement to be confirmed solely on the basis of the third party’s allegations– i.e. without a thorough legal and factual evaluation – then the Provider will forward the third-party complaint without undue delay to the customer, who is to provide a statement of position. The Provider will grant the customer a reasonable deadline for stating such position. If no statement of position is made within this deadline, the Provider will be entitled to assume that the third-party complaint has merit and will be entitled to delete the content giving rise to the complaint, block web space packages or server or to exclude them from access in any other appropriate way. If the customer calls the merits of the complaint into question in substantiated manner and if this gives rise to justified doubts, then the Provider will inform the third party accordingly and, if the Provider considers this appropriate, will request evidence to prove the alleged infringement of rights. If the third party fails to take a position in response or if the third party fails to produce any required evidence, then the Provider will assume that the third-party complaint is without merit. If the third party issues a statement of position which shows an infringement of its rights or if the third party provides evidence to such infringement, also taking account any exculpatory statements of the customer, then the Provider will be entitled to delete the content giving rise to the complaint, block web space packages or server or to exclude them from access in any other appropriate way. The customer's payment obligations remain unaffected in this case. 

(3) The foregoing paragraphs apply accordingly to all other services offered by the Provider and that enable the customer to publish data of whatever kind. 

Industrial property rights; copyrights  

(1) It is expressly agreed that all rights to the services of the Provider rendered during the contractual term, namely software, know-how, trademarks or other protected rights will be retained in full by the Provider. In the course of the contractual term, the customer enjoys a non-exclusive, non-transferrable, non-sublicensable usage right to the contractually agreed services. This also applies in the event that customer-specific customizations have been made.   

(2) Insofar as contractually agreed services can be used only subject to the industrial property rights or copyrights of third parties, the relevant third-party terms and conditions will invariably have supplemental effect. This also applies to open-source software, whose terms and conditions will be communicated to the customer by the Provider upon request.  

Clause 9: Unauthorized forms of use 

(1) The following applies to webspace packages: The customer will be under obligation to structure the internet website so as to prevent overloading of the server, e.g. by CGI scripts/PHPs scripts, which require extensive computing power and a disproportionate volume of working memory. “Overloading” means usage of the aforementioned resources that is so intensive as to cause a noticeable and significant disruption, or even breakdown, in the operations of a server of the Provider. The Provider will be entitled to limit correspondingly the resources for websites that do not fulfill the aforementioned requirements. 

(2) Unless otherwise agreed, the following types of content expressly are prohibited: 

  • Spamming mails or webpages that are associated with any type of spamming; 

  • Any scripts that could potentially impair and/or disrupt the function of the server. 

(3) The following applies to dedicated servers, virtual dedicated servers and VPS: Unless otherwise agreed, the following types of content are expressly prohibited: 

  • Spamming mails or webpages that are associated with any type of spamming; 

  • IRCd, the service for Internet Relay Chat; 

  • any scripts and programs that could potentially impair and/or disrupt the function of other services located within the Provider’s network or on the internet;

  • any scripts and programs that could potentially extensively wear and/or tear Provider's hardware or bandwidth.

(4) If the customer breaches a provision of paragraphs 1, 2 or 3, the Provider will be entitled to immediately impose a block on the webspace package, respectively the server, until the breach of paragraph 1, 2 or 3 is remedied. This will also be possible if the webpages/servers of the customer clearly impair the functionality or accessibility of other webpages on the server (in the case of webspace packages) or of other servers within the Provider’s network. The customer will be notified of the imposition of such a block.  

(5) The Provider is entitled to immediately block any webspace packages and servers that are being used to operate the “TOR” service, insofar as the Provider has become aware that the server or package is being used unlawfully.  

(6) In the event a justified block is imposed, responsibility for any resulting breach of contractual obligations will lie not with the Provider but exclusively with the customer. The Provider’s claim to receive remuneration will invariably continue in effect during the full remainder of the contractual term.  

Billing, Cancellation and Refund Policy
As a customer of TomonTo you agree to submit or supply a payment for the rendered services in advance, on the billing date set by TomonTo. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, cloud and dedicated package or domain name package). You must notify TomonTo at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (TomonTo shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded).

Cancellations and refunds:
TomonTo  does not provide any money back guarantee for new account registrations and account renewals. However, we still have some policies.

Subscribers who cancel the accounts within 30 days after the initial registration date will receive a refund for the shared and reseller hosting only.
Payments for VPS Servers/Dedicated servers are non-refundable.
Payments for Domain Only accounts are refundable only until the domain is registered, renewed or transferred (in case of delayed registration, renewal or transfer).
Domain privacy protection service is non-refundable.
Payments made in Bitcoin are non-refundable
If a free domain name is taken with web hosting, no refund will be given.
Pre-Order for any service is not refundable
In case of payments by Paypal, $0.30 plus 5% of the amount will be deducted as transaction charge for refund.
Subscribers may cancel the account at any time. All subscribers who cancel the accounts 3 days after the initial payment are not subject to a refund and all such requests will be denied. Customers waive the right to demand for compensation on the grounds of customer dissatisfaction or bad service.

Subscribers who wish to cancel the account have to contact TomonTo via a support ticket. Such cancellation request will be revised by TomonTo staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).

If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.

After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from TomonTo servers.

Subscribers who wish to cancel the account have to contact TomonTo from the “Help Desk” in their Members area with a cancellation request. Such cancellation request will be revised by TomonTo staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).

If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.

After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from TomonTo servers.

Payment Methods:
TomonTo uses Paypal, And Manual Skrill  payment processors. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her Paypal account. 

Fraudulent Payment Policy:
If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then TomonTo reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent TomonTo reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.

Late Payment Policy:
All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 3 days after the renewal date will be disabled. If the account is not renewed in 10 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account.

Account Access Policy:
When a client registers any type of account with TomonTo, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. Should TomonTo suspect that any of the provided information is incorrect/fraudulent, the account may be suspended for terms of service violation until client contacts TomonTo and resolves the issue. TomonTo may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment IDs). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on TomonTo. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment IDs on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account.

Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against TomonTo arising out of this said policy and procedure. TomonTo will not be held liable for any damage or liability that may have arise out of following policy and procedure.

In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the TomonTo policy and procedures, then TomonTo is not obligated to provide access to any of the parties. Also, TomonTo is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.

Confidentiality:
TomonTo will not share any of its clients’ personal information to any third parties not related to TomonTo. Some of the client data may be forwarded on the following exceptions:

Upon new domain registration via respectable Hosting domain registrar, Client Information will be sent to domain registry and may appear on WHOIS based sites unless the client chooses to turn on Domain Privacy from TomonTo Members Area. If domain privacy is turned on, then Client Information will not be displayed on WHOIS based sites, however it will still remain on the Domain Registry for security reasons. Please mind that domain privacy is not supported on .co.uk domain registrations.
Third Party Providers – some of the information will be sent to third-party providers such as Payment Gateways, Domain registrars, Additional Service providers (cPanel, Cloudlinux, Softaculous, Zyro Builder, Cloudflare, VestaCP, Attracta, Trendybuilder). TomonTo will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to TomonTo clients, however no client information will be sent to third-parties not related to TomonTo services.
Certain services provided by TomonTo.ORG are resold. Thus, certain equipment, routing, software, and programming used by TomonTo.ORG are not directly owned or written by TomonTo.ORG. TomonTo shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. TomonTo will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by TomonTo and TomonTo will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.

“Unlimited/Infinite” Usage Policy:
TomonTo offers some of its hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that TomonTo will not set a specific cap for these resources and client will be able to use these resources as needed, however TomonTo does use a fair usage policy which applies to all accounts. TomonTo Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.

By the term “Unlimited Space” TomonTo means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. TomonTo reserves the right to remove such files from the user account with notice to the client. TomonTo also reserves the right to remove any single files larger than 2GB from the user account regardless of the content of the file with or without notice to the client. TomonTo also reserves the right to clean up a user account by removing files which fall under the criteria of files that may not be hosted on TomonTo accounts, if there are more than 450.000 files on a single account, with or without notice to the client. TomonTo also reserves the right to disable the account which holds more than 450.000 files until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied.

Backups:
TomonTo generates full backups of accounts every day according to the number of maximum backups provided in the packages. If the account is bigger than 2GB, TomonTo reserves the right not to generate the backup automatically, however client may generate backups from his cPanel at any time regardless of the account size. TomonTo stores a single automatically generated backup of each account which is up to 7 days old and up to 2GB in size, older automatically generated backups of accounts are not stored. TomonTo is not liable for any loss of content if the backup has not been generated, it is the client’s sole responsibility to safeguard the account data.

Acceptable Use Policy:
All services provided by TomonTo.ORG may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian, State or City law is prohibited. This includes, but is not limited to: material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless TomonTo.ORG and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. TomonTo.ORG reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Clients who own reseller packages are not allowed to provide free (unpaid) hosting services (to avoid server overload and high abuse rate).

CGI Scripts:
Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however TomonTo reserves the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts or website types:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, TomonTo reserves the right to terminate the account without the possibility of a refund (even if the 3 days have not yet passed on the account). If the content was uploaded by a 3rd party (abusers which intend to take the client site down), then TomonTo will inform the client about the abusive content. TomonTo also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:

IRC scripts, eggdrops, bots, Bitcoin faucets
Mail bomber and spam scripts
Port scanners
PPC site scripts
PTC site scripts
Bruteforce Programs or scripts
Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of destructive scripts
Child pornography (If TomonTo is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)
Any kind of abusive content found on our servers should be reported to [email protected] TomonTo will handle any abuse report with the highest priority and interest. TomonTo will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.

Background Running Programs:
Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed. Background programs on VPS servers are allowed and do not generate any extra charges in general.

Commercial Advertising and Spam E-mails:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $14.85 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

LIMITATION OF LIABILITY:
TomonTo.ORG shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from TomonTo.ORG servers going off-line or being unavailable for any reason whatsoever. Furthermore, TomonTo.ORG shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of TomonTo.ORG servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to [email protected] All complaints will be investigated promptly.

DISCLAIMER:
TomonTo intends to provide the best possible web hosting service to each of its clients. TomonTo shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, TomonTo.ORG cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, TomonTo will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by TomonTo. TomonTo.ORG retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.

 

Registered name – TomonTo

Registration Number : 09LVNPS4344G1ZT

Registered Address – TOWER MENKA-1 PLOT NO 2 B, 1201 A, AMRAPALI
ROYAL, INDIRAPURAM VAIBHAVKHAND, Ghaziabad, Uttar
Pradesh, 201010

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