HostPari Terms of Service

1. Acceptance of Terms

By accessing or using the HostPari website and services, you signify your unequivocal acceptance of and agreement to be bound by these Terms of Service, along with all policies, guidelines, and documents referenced herein or made available on our website. This includes, but is not limited to, our Privacy Policy, Acceptable Use Policy (AUP), and Service Level Agreement (SLA). Your continued use of the Service after any modifications to these Terms constitutes your binding acceptance of such modifications. If you do not agree to all of these terms and conditions, you are expressly prohibited from using the Service and must discontinue use immediately. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes. We may also, but are not obligated to, notify you of significant changes via email or prominent notices on our website.

2. Services Provided

HostPari offers a comprehensive suite of web-related services designed to meet diverse online presence needs. The specific details, features, limitations, and pricing of each service are meticulously outlined on their respective pages on our official website. Our services include, but are not limited to:

2.1. Web Hosting Services

• Shared Hosting: This service allows multiple websites to reside on a single server, sharing its resources. It is an economical and entry-level option, ideal for personal blogs, small business websites, and startups with moderate traffic. While resources are shared, we employ technologies to ensure fair usage and performance.
• Virtual Private Server (VPS) Hosting: VPS hosting provides users with a dedicated portion of a server's resources (CPU, RAM, storage) through virtualization technology. This offers greater control, flexibility, and performance compared to shared hosting, making it suitable for growing businesses, e-commerce sites, and applications requiring custom configurations.
• Dedicated Server Hosting: For high-traffic websites, large enterprises, or resource-intensive applications, dedicated servers offer an entire physical server exclusively for your use. This provides maximum performance, security, and customization options.
• Reseller Hosting: Designed for entrepreneurs and web developers, reseller hosting allows you to start your own web hosting business by selling hosting space and resources to your clients under your own brand.
• Managed Hosting Solutions: For certain hosting types (e.g., VPS, Dedicated), we may offer managed services where HostPari takes responsibility for server management, security updates, and technical support, allowing you to focus on your core business.

2.2. Domain Registration and Management

• Domain Name Registration: We facilitate the registration of various Top-Level Domains (TLDs) and Country Code Top-Level Domains (ccTLDs), enabling you to secure a unique web address for your online presence.
• Domain Transfer: We assist in transferring existing domain names from other registrars to HostPari.
• Domain Management Tools: Our client area provides tools for managing your domain's DNS (Domain Name System) settings, contact information, and renewal status.
• WHOIS Privacy Protection: We may offer services to protect your personal information from public WHOIS databases.

2.3. Related Services

• SSL Certificates: We provide and facilitate the installation of SSL certificates to encrypt data transmission between your website and visitors, enhancing security and SEO.
• Website Builder Tools: For users without coding knowledge, we may offer intuitive drag-and-drop website builders to create professional-looking websites easily.
• Email Hosting: Professional email services associated with your domain name may be offered as part of hosting packages or as standalone services.
• Website Migration Assistance: We may offer assistance in migrating your existing website from another provider to HostPari.
• Security Solutions: Beyond SSL, we may offer additional security features like malware scanning, firewalls, and DDoS protection as part of or add-ons to our hosting plans.

HostPari reserves the right to modify, suspend, or discontinue any service or feature at any time without prior notice, though we will endeavor to provide reasonable notice for significant changes affecting existing services.

3. Account Registration and Security

Establishing an account with HostPari is a prerequisite for accessing and utilizing our services. Your commitment to maintaining the integrity and security of your account is paramount.

3.1. Eligibility

To register for an account and use HostPari's services, you must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher. By proceeding with registration, you explicitly represent and warrant that you meet this age requirement and possess the legal capacity to enter into this Agreement.

3.2. Account Information Accuracy and Maintenance

You agree to provide accurate, current, and complete information during the account registration process. This includes, but is not limited to, your full legal name, valid email address, physical address, and payment information. It is your ongoing responsibility to promptly update your account information to keep it accurate, current, and complete at all times. Failure to do so may result in the suspension or termination of your account, as well as the inability to receive critical service notifications, billing information, or support.

3.3. Password Confidentiality and Account Responsibility

You are solely and entirely responsible for maintaining the confidentiality and security of your account password and any other authentication credentials associated with your HostPari account. You are also fully responsible for all activities that occur under your account, whether or not you authorized such activities. HostPari strongly recommends using strong, unique passwords that combine uppercase and lowercase letters, numbers, and symbols. We advise against using easily guessable information such as birthdays, common words, or sequences.

3.4. Multi-Factor Authentication (MFA)

Where available, HostPari strongly encourages and may require the use of Multi-Factor Authentication (MFA) for enhanced account security. Activating MFA adds an additional layer of protection beyond just a password, significantly reducing the risk of unauthorized access.

3.5. Reporting Unauthorized Use and Security Breaches

You agree to notify HostPari immediately, without undue delay, of any unauthorized use of your account, any suspected or confirmed breach of your account security, or any other security incident that may affect your services or data. Prompt notification allows us to take necessary actions to mitigate potential damage. You can report such incidents through our designated support channels.

3.6. Account Suspension or Termination for Security Reasons

HostPari reserves the right to suspend or terminate your account immediately, without prior notice, if we suspect or detect any unauthorized activity, security breach, or compromise of your account, or if we believe your account poses a risk to our systems or other users. Such actions will be taken to protect the integrity of our services and the security of our user base.

4. Acceptable Use Policy (AUP)

Your use of HostPari's services is strictly governed by our Acceptable Use Policy (AUP), which is an integral part of these Terms of Service. By utilizing our services, you agree to adhere to the AUP at all times. The AUP outlines activities that are expressly prohibited on our network and servers to ensure a secure, reliable, and fair environment for all users. Violation of any aspect of the AUP may lead to immediate suspension or termination of your services without refund, and in severe cases, legal action.

4.1. Prohibited Content

You are prohibited from storing, publishing, or transmitting any content that is:

• Illegal: Any content that violates local, national, or international laws, including but not limited to copyrighted material without proper authorization, child pornography, hate speech, or content promoting illegal activities.
• Harmful or Threatening: Content that is libelous, defamatory, harassing, abusive, threatening, or otherwise objectionable.
• Malicious: Content that contains or distributes viruses, malware, trojans, worms, or any other destructive or disruptive code.
• Fraudulent or Deceptive: Content designed to deceive, defraud, or mislead users, including phishing sites, pyramid schemes, or fake investment opportunities.
• Obscene or Pornographic: Content that is excessively violent, sexually explicit, or obscene, beyond what is legally permissible and generally accepted.
• Infringing: Content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets.

4.2. Prohibited Activities

The following activities are strictly prohibited on HostPari's network and servers:

• Spamming: Sending unsolicited bulk email (UBE), unsolicited commercial email (UCE), or any other form of unsolicited messages, including but not limited to chain letters, junk mail, or pyramid schemes. This includes using our services to send spam, or using third-party services to send spam that advertises a site hosted on our network.
• Network Abuse: Any activity that disrupts or interferes with the normal operation of our network, servers, or other users' services. This includes, but is not limited to:
  • DDoS Attacks: Launching or participating in Distributed Denial of Service (DDoS) attacks.
  • Port Scanning: Unauthorized scanning of ports or networks.
  • Brute-Force Attacks: Attempting to gain unauthorized access to any system or network.
  • Resource Abuse: Excessive use of server resources (CPU, RAM, disk I/O) that negatively impacts other users on shared hosting environments. This includes running scripts that consume excessive resources, continuous background processes, or using our services for cryptocurrency mining.
• Phishing and Scams: Hosting websites or content designed to trick users into revealing personal information (phishing) or engaging in any form of online fraud.
• Proxy Scripts/Anonymizers: Running open proxy servers, anonymizers, or any software that allows users to bypass security measures or access restricted content.
• Illegal Downloads/Streaming: Facilitating or engaging in the unauthorized distribution or streaming of copyrighted material.
• Torrent Trackers/Clients: Running public or private torrent trackers or clients on our servers.
• IRC Bots/Bouncers: Running IRC bots or bouncers (BNC) that consume excessive resources or are used for malicious purposes.
• Mass Mailers: Using scripts or software for sending large volumes of email, even if solicited, that may lead to blacklisting of our IP addresses.
• Open Relays: Operating an open mail relay.
• Gambling/Illegal Lotteries: Hosting or promoting online gambling, lotteries, or betting activities that are illegal in your jurisdiction or ours.
• Hacking/Cracking Related Sites: Websites promoting or providing tools for hacking, cracking, or any other illegal activities.
• Terrorist Activities: Any content or activity that promotes, facilitates, or engages in terrorism or extremist ideologies.
• Violation of Privacy: Collecting, storing, or publishing personal information of others without their explicit consent and in violation of applicable data protection laws.

4.3. Enforcement of AUP

HostPari reserves the right to determine, in its sole discretion, what constitutes a violation of this AUP. We may take any action we deem appropriate, including, but not limited to:

• Issuing warnings.
• Suspending services temporarily.
• Terminating services permanently without refund.
• Removing or disabling access to prohibited content.
• Reporting illegal activities to relevant law enforcement agencies.

We may investigate any suspected violation of this AUP. You agree to cooperate fully with any investigation. HostPari will not be liable for any damages or losses incurred by you as a result of our enforcement of this AUP.

5. Payment and Billing

Understanding HostPari's payment and billing terms is essential for uninterrupted service. This section details our policies regarding fees, billing cycles, payment methods, refunds, and the consequences of late payments or non-payment.

5.1. Fees and Pricing

You agree to pay all fees and charges for the services you purchase from HostPari as specified on our website at the time of your order or as otherwise communicated to you. All prices are listed in the currency specified on our website (e.g., BDT or USD) and are exclusive of any applicable taxes, duties, or government charges, which will be added to your invoice where required by law. HostPari reserves the right to change its pricing for services at any time. Price changes will be effective immediately for new service purchases and will apply to existing services upon renewal, with reasonable prior notice provided to you (typically via email or client area announcements).

5.2. Billing Cycle and Automatic Renewals

Services are billed on a recurring basis, corresponding to the billing cycle you select during the purchase process (e.g., monthly, quarterly, semi-annually, annually, biennially, triennially). To ensure continuity of service, all recurring services are set to automatically renew. You authorize HostPari to charge your chosen payment method for all applicable fees on the renewal date. You will typically receive an invoice reminder prior to the renewal date. It is your sole responsibility to ensure that your payment information is current and valid to avoid service interruption.

5.3. Payment Methods

HostPari accepts various payment methods, which may include, but are not limited to, major credit/debit cards (Visa, MasterCard), PayPal, and local payment gateways specific to Bangladesh (e.g., bKash, Nagad, Rocket). The availability of specific payment methods may vary based on your location and the service purchased. You agree to provide valid payment information and authorize HostPari to charge your account for all services purchased.

5.4. Refund Policy

HostPari's refund policy is outlined separately and is incorporated into these Terms by reference. Generally, fees for services are non-refundable unless explicitly stated otherwise (e.g., a specific money-back guarantee period for certain hosting plans). Domain registrations are typically non-refundable once registered. Any eligible refunds will be processed within a reasonable timeframe and typically returned via the original payment method, where possible. Service credits are non-refundable and have no cash value.

5.5. Cancellation Policy

You may cancel your services at any time through your client area. To avoid being charged for the next billing cycle, you must submit a cancellation request prior to your service's renewal date. Instructions for cancellation are available in your client area or by contacting our support team. No refunds will be provided for any unused portion of your service term following a cancellation, unless otherwise specified in our refund policy.

5.6. Late Payments and Service Suspension/Termination

If payment is not received by the due date, HostPari reserves the right to suspend your service(s) without prior notice. During suspension, your website and other services will be inaccessible. A late fee may be applied to overdue invoices. If payment is not received within a specified grace period after suspension (typically 7-14 days), HostPari reserves the right to terminate your service(s) and delete all associated data without further notice. HostPari is not responsible for any data loss resulting from service suspension or termination due to non-payment.

5.7. Chargebacks and Disputes

In the event of a chargeback or payment dispute initiated by you with your bank or payment provider, HostPari reserves the right to immediately suspend or terminate all services associated with your account. A chargeback fee may be assessed to cover administrative costs. Services will only be reinstated upon full payment of the disputed amount, any chargeback fees, and resolution of the dispute to HostPari's satisfaction.

6. Data Backup and Loss

HostPari understands the critical importance of your data. While we implement robust backup procedures, it is imperative that you understand your responsibilities regarding data integrity and loss.

6.1. HostPari's Backup Practices

HostPari performs regular backups of shared hosting accounts for disaster recovery purposes. The frequency and retention period of these backups vary by hosting plan and are subject to our internal policies. These backups are primarily intended for HostPari's internal use in the event of a catastrophic server failure and are not guaranteed to be available for individual client restoration. While we strive for reliability, backups can fail, become corrupted, or may not contain the most recent data.

6.2. Your Responsibility for Data Backups

Notwithstanding HostPari's backup efforts, you are solely and entirely responsible for maintaining your own independent backups of your website content, databases, emails, and any other data stored on our servers. This includes, but is not limited to, regularly downloading copies of your data to a local or off-site storage location. We highly recommend implementing a comprehensive backup strategy that includes multiple backup points and off-site storage.

6.3. Data Loss Disclaimer

HostPari shall not be held liable for any data loss, data corruption, or restoration failures, regardless of the cause. This includes, but is not limited to, data loss resulting from hardware failure, software bugs, human error, malicious attacks, natural disasters, or any other unforeseen circumstances. You acknowledge that any reliance on HostPari's internal backups is at your own risk. It is your responsibility to ensure the integrity and accessibility of your own data backups.

6.4. Restoration Services

While we may offer data restoration services from our available backups as a courtesy, this service is not guaranteed and may incur additional fees. The availability, completeness, and recency of such restorations are not warranted. In some cases, we may only be able to provide data from a specific point in time, and any data created or modified after that point may be lost.

7. Uptime Guarantee (Service Level Agreement - SLA)

HostPari is committed to providing a high level of service availability. Our uptime guarantee is outlined in this section, which serves as our Service Level Agreement (SLA).

7.1. Uptime Commitment

HostPari guarantees a 99.9% uptime for its web hosting services. This guarantee applies to network uptime and server availability. This means that your website and services hosted on our servers will be available for access at least 99.9% of the time in any given calendar month.

7.2. Uptime Calculation

Uptime is calculated based on HostPari's internal monitoring systems. Downtime is defined as periods when your website is unreachable due to a failure in HostPari's network or server infrastructure, excluding scheduled maintenance.

7.3. Service Credits

In the event that HostPari fails to meet the 99.9% uptime guarantee in a given calendar month, you may be eligible for service credits. The amount of service credit will be calculated as follows:

• 99.8% to 99.0% uptime: 5% of your monthly service fee.
• 98.9% to 98.0% uptime: 10% of your monthly service fee.
• Below 98.0% uptime: 25% of your monthly service fee.

Service credits will be applied to your next invoice and have no cash value. The maximum credit available in any given month is 25% of your monthly service fee.

7.4. Claiming Service Credits

To claim service credits, you must submit a support ticket to HostPari's billing department within seven (7) days of the end of the month in which the downtime occurred. The support ticket must include your account details, the specific dates and times of the downtime, and a brief explanation of the impact. HostPari will review your claim and verify the downtime using its own monitoring logs. Our decision on the eligibility and amount of service credits will be final.

7.5. Exclusions from Uptime Guarantee

The uptime guarantee does not apply to downtime caused by:

• Scheduled maintenance or upgrades, of which we will provide reasonable prior notice.
• Factors outside HostPari's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, power outages, or internet backbone failures.
• Issues with your own internet service provider (ISP) or local network connectivity.
• Your own equipment, software, or applications.
• Third-party software or services not directly controlled by HostPari.
• Abuse or negligence on your part, including violations of our Acceptable Use Policy.
• Downtime caused by denial-of-service (DDoS) attacks or other malicious activities targeting your specific account or website.
• Suspension or termination of your services due to non-payment or AUP violations.
• DNS propagation issues or domain name registration/renewal failures not directly caused by HostPari.

This SLA is your sole and exclusive remedy for any downtime or service unavailability.

8. Termination

This section outlines the conditions under which your services and this Agreement may be terminated by either you or HostPari.

8.1. Termination by You (Client)

You may cancel your services with HostPari at any time. To initiate a cancellation, you must submit a formal cancellation request through your client area or by contacting our support team via a verified method (e.g., support ticket from your registered email address). To avoid being charged for the next billing cycle, your cancellation request must be received by HostPari prior to your service's renewal date. Instructions for submitting a cancellation request are available in your client area. Upon cancellation, your service will remain active until the end of your current billing period, after which it will be terminated. No refunds will be provided for any unused portion of your service term following a cancellation, unless otherwise specified in our distinct refund policy.

8.2. Termination by HostPari

HostPari reserves the right to terminate or suspend your access to all or part of the services, without prior notice or liability, for any reason whatsoever, including but not limited to:

• Breach of Terms: If you breach any provision of these Terms of Service, including the Acceptable Use Policy (AUP), Privacy Policy, or any other policy incorporated herein.
• Non-Payment: Failure to make timely payments for services rendered or any outstanding invoices.
• Illegal Activities: Engagement in any illegal activities or activities that violate applicable laws or regulations.
• Resource Abuse: Excessive or abusive use of server resources that negatively impacts the performance or stability of our network or other users' services.
• Security Risk: If your account or activities pose a security risk to our infrastructure, other clients, or the general internet.
• Fraudulent Activity: Any suspected or confirmed fraudulent activity associated with your account.
• Disruptive Behavior: Engaging in behavior that is disruptive, abusive, or harmful to HostPari's staff, systems, or other clients.
• At Our Discretion: HostPari may terminate services at its sole discretion if it determines that the provision of services to you is no longer feasible, desirable, or in the best interest of HostPari, provided that for non-breach terminations, we will endeavor to provide reasonable notice and, where applicable, a pro-rata refund for unused service time.

Upon termination by HostPari for a breach of these Terms, no refunds will be provided for any unused service time. HostPari will not be liable to you or any third party for any damages or losses that may result from the termination of your services.

8.3. Data Retention and Deletion Upon Termination

Upon termination of your services, for any reason, all your data, files, databases, and emails associated with that service will be permanently deleted from our servers within a reasonable timeframe (typically within 24-72 hours, but may vary). It is your sole responsibility to back up all your data prior to termination. HostPari will not be responsible for any data loss following termination and will not be able to provide copies of your data once it has been deleted from our systems.

9. Intellectual Property Rights

This section outlines the intellectual property rights pertaining to HostPari's services and the content you provide.

9.1. HostPari's Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of HostPari and its licensors. The Service is protected by copyright, trademark, and other laws of both Bangladesh and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HostPari.

9.2. User-Generated Content

You retain all ownership rights to the content you upload, store, publish, display, or transmit on or through our services ("User Content"). By submitting User Content to HostPari, you grant HostPari a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and HostPari's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. This license is solely for the purpose of enabling HostPari to operate and provide the services to you.

9.3. Copyright Infringement (DMCA Policy)

HostPari respects the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your complaint in writing to the attention of "Copyright Agent" via email at [[email protected]] and include in your complaint a detailed description of the alleged infringement as detailed in the Digital Millennium Copyright Act ("DMCA"). You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through the Service on your copyright. We will respond to clear notices of alleged copyright infringement that comply with the DMCA. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

10. Third-Party Services and Links

HostPari's services may integrate with or provide links to third-party websites or services that are not owned or controlled by HostPari. This section clarifies our stance on such third-party interactions.

10.1. Third-Party Integrations

Our services may allow you to integrate with various third-party applications, software, or services (e.g., content management systems like WordPress, e-commerce platforms, payment gateways, analytics tools). While we may provide tools or documentation to facilitate such integrations, HostPari does not endorse and is not responsible for the functionality, security, or privacy practices of any third-party services. Your use of any third-party service is subject to the terms and conditions and privacy policies of that third party. You are solely responsible for ensuring that any third-party services you use are compatible with our services and comply with all applicable laws and regulations.

10.2. Links to Other Websites

Our Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Terms of Service and Privacy Policy of every site you visit. HostPari has no control over, and assumes no responsibility for, the content, terms, privacy policies, or practices of any third-party sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

10.3. Disclaimer Regarding Third-Party Content

You acknowledge and agree that HostPari shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

11. Disclaimer of Warranties

Your use of the Service is at your sole risk. HostPari provides its services on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.1. No Guarantee of Uninterrupted Service

HostPari does not warrant that the Service will be uninterrupted, secure, or error-free. While we strive for continuous availability, unforeseen circumstances, technical issues, maintenance, or other factors may lead to temporary service interruptions. We are not liable for any downtime or loss of service due to such events.

11.2. No Guarantee of Data Integrity

HostPari does not warrant that your data will be secure or free from loss or corruption. As stated in Section 6, you are solely responsible for backing up your data. We do not guarantee the success of any data restoration efforts.

11.3. No Guarantee of Specific Results

HostPari does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

11.4. No Implied Warranties

Any advice or information, whether oral or written, obtained by you from HostPari or through the Service shall not create any warranty not expressly stated in these Terms.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall HostPari, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if HostPari has been advised of the possibility of such damages), resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12.1. Maximum Liability

In no event shall HostPari's total aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for accessing or using the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or One Hundred US Dollars (USD $100.00), whichever is less.

12.2. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, HostPari's liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless HostPari and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service, by you or any person using your account and password;
• A breach of these Terms;
• Your violation of any rights of a third party, including without limitation any intellectual property right, privacy right, or contractual right; or
• Any claim that your content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Bangladesh, without regard to its conflict of law provisions.

14.1. Amicable Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved amicably through good faith negotiations between the parties.

14.2. Arbitration

If an amicable resolution cannot be reached within a reasonable period (e.g., thirty (30) days), any unresolved disputes shall be submitted to binding arbitration in Dhaka, Bangladesh, in accordance with the rules of the Bangladesh Arbitration Act or a mutually agreed-upon arbitration body. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said rules. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.

14.3. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between HostPari and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

16. Entire Agreement

These Terms of Service, together with the Privacy Policy, Acceptable Use Policy, Service Level Agreement, and any other legal notices published by HostPari on the Service, shall constitute the entire agreement between you and HostPari concerning the Service, and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

17. Force Majeure

HostPari shall not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of HostPari. HostPari may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction.

19. Headings

The headings in these Terms are for convenience only and shall not affect their interpretation.

20. Contact Us

If you have any questions about these Terms of Service, please contact us:

• By email: [email protected]
• By visiting this page on our website: https://hostpari.com/contact.php
• By mail: HostPari Legal Department, [Your Company Address Here, e.g., 123 Hosting Lane, Dhaka, Bangladesh]

Last updated: July 24, 2025