Last Updated: April 1, 2026
Welcome to Hosting Captain. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Hosting Captain ("Company", "we", "us", or "our"), governing your access to and use of our web hosting, virtual private servers (VPS), dedicated servers, domain registration, SSL certificates, and related infrastructure services (collectively, "Services"). By creating an account, placing an order, or accessing any part of our platform, you unconditionally agree to be bound by these Terms. If you do not agree, you must not use our Services.
To use our Services, you must:
You are solely responsible for:
We reserve the right to refuse service, close accounts, or remove hosted content at our sole discretion if we determine that the registration information provided is inaccurate, fraudulent, or violates these Terms.
Our Services must be used in strict accordance with applicable laws and regulations. The following activities are explicitly prohibited on our network and infrastructure:
Malicious & Security Activities:
Illegal & Harmful Content:
Communication & Spam:
Infrastructure Abuse:
Violation of this Acceptable Use Policy will result in immediate suspension or termination of your server instances, without prior notice and without refund. We reserve the right to report confirmed illegal activities to the appropriate law enforcement authorities.
All hosting plans are billed in advance based on the selected billing cycle (Monthly, Yearly, 2 Years, or 3 Years). Prices are displayed in USD for reference and processed in Indian Rupees (INR) at the current market conversion rate at the time of order. You are responsible for ensuring timely renewal payments to avoid service interruption.
Accepted Payment Methods: We currently accept payments via debit cards and credit cards processed securely through our payment gateway partner, Stripe. All card data is handled exclusively by Stripe and is never stored on our servers.
Failed & Declined Payments: If a payment is declined or fails due to insufficient funds, incorrect card details, or bank-side issues, your order will not be activated or renewed until full payment is successfully received. We are not responsible for service interruptions caused by payment failures on the customer's side.
Promotional Discounts and Coupon Codes: All coupon codes and promotional discounts are calculated on the base monthly billing rate of the main hosting system (such as VPS or Dedicated server plans) unless explicitly stated otherwise. Paid configuration addons, optional features, license fees, and other config options are excluded from standard coupon code discounts. Offering promotional discounts or coupon deductions on addon options remains solely at the discretion of Hosting Captain management.
Hosting Captain currently operates on a manual renewal model. We do not automatically charge your payment method at the end of a billing cycle without your explicit action. Renewal invoices are generated and sent to your registered email address in advance of the service expiry date. It is your responsibility to monitor your inbox and renew in time.
Renewal invoices are typically issued 7 to 14 days before a service is due for renewal. Failure to pay the renewal invoice before the due date may result in:
Renewal pricing is subject to change. We will notify you of any price changes affecting your plan at least 14 days in advance via your registered email address. Continued use of the service after a price change constitutes acceptance of the new pricing.
General No-Refund Policy: All sales of hosting services, VPS plans, and dedicated servers are generally final and non-refundable. Given the immediately consumable nature of our infrastructure services (server provisioning, IP allocation, bandwidth usage, and hardware reservation), we do not offer refunds once a service has been provisioned or activated.
Exceptions — When Refunds May Be Considered:
Cancellation Process: To cancel a service, you must submit a written cancellation request to [email protected] with your order number and account email. Services will remain active until the end of the current paid billing period unless you request immediate deactivation. No prorated refunds are issued for early cancellations.
Chargebacks & Disputes: Initiating a payment chargeback or dispute with your bank or card issuer without first contacting our billing team constitutes a material breach of these Terms. We reserve the right to immediately suspend all services associated with the disputed account pending resolution, and to pursue recovery of the disputed amount plus any applicable chargeback fees through lawful means.
Hosting Captain commits to providing a 99.5% network uptime for all VPS and Dedicated Server services, measured on a monthly calendar basis. This SLA applies exclusively to network-level connectivity and hypervisor availability — it does not cover application-level downtime resulting from customer misconfigurations, software failures, or operating system issues.
Uptime Calculation: Monthly Uptime % = ((Total Minutes in Month − Downtime Minutes) / Total Minutes in Month) × 100. Scheduled maintenance windows communicated at least 24 hours in advance are excluded from downtime calculations.
Each plan includes allocated resources (CPU cores, RAM, NVMe/SSD storage, and monthly bandwidth) as specified on our product pages at the time of purchase. You agree to use these resources within the contracted limits and in a manner consistent with normal hosting activity.
CPU & Memory Throttling: On VPS plans using shared host infrastructure, sustained CPU usage above 90% of allocated cores for longer than 15 consecutive minutes may be throttled to protect co-tenant performance. You will be notified via email if throttling occurs. Dedicated servers are not subject to CPU throttling.
Bandwidth Overages: If your server consumes more than the allocated monthly bandwidth, we will notify you and provide options, which may include upgrading to a higher bandwidth plan, purchasing additional bandwidth, or temporary bandwidth throttling. We will not immediately suspend services for bandwidth overages without prior notice.
Storage Limits: Disk storage is provisioned per your plan. Exceeding disk quota may result in the inability to write new data. It is your responsibility to monitor disk usage and upgrade as needed. We are not responsible for data loss resulting from disk-full conditions.
Prohibited Resource-Intensive Activities: Running cryptocurrency mining operations, large-scale bots, and processes that intentionally degrade the performance of other customers on shared infrastructure are explicitly prohibited and may result in immediate service suspension.
IP addresses assigned to your server remain the property of Hosting Captain or our upstream network providers at all times. IP addresses are leased to you for the duration of your active service period and will be reclaimed upon account termination or service cancellation.
IP Blacklisting: If your server's IP address is blacklisted by any major spam or abuse databases (e.g., Spamhaus, SORBS) due to activities originating from your server, it is your responsibility to remediate the source of abuse and submit delisting requests. We may assist on a best-effort basis but are not obligated to intervene in blacklisting situations caused by customer actions.
Additional IP Addresses: Additional IPv4 addresses may be allocated upon request and are subject to availability, additional charges, and justification as per APNIC/IRINN resource allocation policies. We reserve the right to refuse additional IP requests without providing justification.
Network Abuse: Any misuse of our network infrastructure — including traffic amplification, IP spoofing, BGP hijacking, or ARP poisoning — will result in immediate network null-routing of the offending IP(s) and account termination, and may be reported to relevant authorities.
While we perform regular hardware maintenance and may offer optional backup add-on services, you are solely and entirely responsible for maintaining independent, off-site backups of all website data, database files, email data, application code, and server configuration scripts stored on your allocated server.
Our Backup Disclaimer: Hosting Captain does not guarantee the availability, completeness, or recoverability of any data backups unless you have specifically purchased and activated a backup service as an addon from our platform. Even where backup services are offered, they are provided on a best-effort basis and should not be treated as a substitute for your own independent backup strategy.
Hardware Failures: In the event of hardware failure (disk crash, RAID degradation, or component failure), we will make every reasonable effort to restore service on replacement hardware. However, we cannot guarantee data recovery from failed hardware and will not be held liable for data loss resulting from hardware failure, whether or not a backup service was active.
Best Practices: We strongly recommend maintaining backups in a separate geographic location using services such as Amazon S3, Google Cloud Storage, or similar off-site backup solutions. Failure to maintain independent backups is entirely at your own risk.
As the administrator of your provisioned server, you are responsible for the security, hardening, and compliance of all software installed and operated on your server. This includes, but is not limited to:
Security Breach Notification: If your server is compromised and is found to be actively attacking third-party systems, sending SPAM, or hosting malicious content, we reserve the right to immediately null-route your IP and suspend your server to prevent further harm to our network and other customers. You will be notified promptly and given the opportunity to remediate the issue.
Compliance Obligations: If your use of our servers involves processing personal data of third parties (such as operating an e-commerce website, SaaS platform, or medical application), you are solely responsible for ensuring compliance with all applicable data protection laws including the Digital Personal Data Protection Act (DPDPA), 2023 (India), GDPR (EU), CCPA (California), and any other applicable jurisdiction-specific regulations.
Your Data Belongs to You: All content, data, databases, application code, and files you upload or create on your provisioned server remain your exclusive intellectual property. Hosting Captain does not claim any ownership over your data or content.
Our Limited Access Rights: By using our Services, you grant Hosting Captain a limited, non-exclusive right to access your server environment solely for the purposes of: (a) providing technical support when explicitly requested by you; (b) performing necessary maintenance, hardware migration, or emergency security interventions; and (c) investigating reported abuse or policy violations.
Content Responsibility: You represent and warrant that you have all necessary rights, licences, and permissions to upload and host all content on our infrastructure. You agree to indemnify and hold Hosting Captain harmless from any third-party claims arising from your hosted content.
Data Portability: You may export and migrate your data off our platform at any time during an active service period. Upon termination of your service, you should retrieve all your data before the termination date. Hosting Captain is not responsible for preserving your data beyond the data retention period specified in Section 13.
Your privacy is important to us. The collection, processing, storage, and sharing of your personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you agree to the terms of our Privacy Policy. We encourage you to read it carefully to understand how we handle your data.
Suspension for Non-Payment: If a renewal invoice remains unpaid beyond the due date, services will be suspended after a grace period as outlined in Section 4. Suspended servers are not deleted immediately but are held for up to 14 days pending payment.
Immediate Suspension Triggers: We reserve the right to suspend or terminate your Services immediately, without prior notice, under the following circumstances:
Termination for Cause: We reserve the right to terminate your account for material breach of these Terms, with or without a cure period at our discretion, depending on the severity of the breach.
Voluntary Termination: You may terminate your account at any time by submitting a written request to our support team. Termination does not entitle you to a refund for any unused portion of a paid billing period.
Post-Termination Data Retention: Following termination, your server and all associated data will be retained for a period of 14 calendar days, after which all data is permanently deleted from our systems. Hosting Captain is not responsible for any data loss occurring after this retention period. Any backups we may hold (if a backup addon was active) are also purged within the same window.
Where Hosting Captain offers domain registration services, the following additional terms apply:
Hosting Captain acts as a reseller for domain registration services. Domain availability, pricing, and registration rules are governed by the respective domain registrar and registry policies.
Certain server plans may include or optionally add commercially licensed software such as control panels (e.g., cPanel, Plesk, DirectAdmin), operating system licenses (e.g., Windows Server, Red Hat Enterprise Linux), or other proprietary applications. The following terms apply:
We provide no warranty, express or implied, with respect to third-party software. All support queries relating to third-party application software should be directed to the respective software vendor.
To the maximum extent permitted by applicable law:
Indemnification: You agree to indemnify, defend, and hold harmless Hosting Captain, its officers, directors, employees, agents, contractors, and successors from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your hosted content; or (e) any third-party claims relating to your account.
Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. In such cases, our liability is limited to the greatest extent permitted by applicable law.
Governing Law: These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions.
Informal Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, both parties agree to first attempt to resolve the matter informally by contacting our support team at [email protected]. We commit to responding within 7 business days and making a good-faith effort to resolve the matter.
Jurisdiction: If informal resolution fails, you agree that any legal proceedings shall be brought exclusively in the competent courts located in Rajasthan, India. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.
Class Action Waiver: To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Hosting Captain shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to: natural disasters (floods, earthquakes, storms), epidemics or pandemics, acts of war or terrorism, civil unrest, government actions or regulations, internet infrastructure failures, prolonged power outages, upstream data centre failures, or actions of third-party service providers. In such events, our obligations will be suspended for the duration of the force majeure event, and we will make every reasonable effort to resume normal service as quickly as possible.
Hosting Captain reserves the right to modify, amend, or update these Terms at any time. We will notify you of material changes by:
Your continued use of the Services after the effective date of any modification constitutes your binding acceptance of the updated Terms. If you disagree with the new Terms, you must stop using the Services and notify us of your intent to terminate before the effective date of the changes.
All legal notices, billing queries, abuse reports, and formal communications should be directed to us as follows:
Notices to you will be sent to the email address registered on your account. It is your responsibility to keep your registered email address current and to monitor your inbox for important communications.
Entire Agreement: These Terms, together with our Privacy Policy and any specific service-level addenda, constitute the entire agreement between you and Hosting Captain with respect to the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.
Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorised representative of Hosting Captain.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Hosting Captain may freely assign or transfer these Terms or any of its rights or obligations hereunder without restriction.
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