Legal Document

Terms of Service

Please read these terms carefully before using Shoutcoder's services.

Last updated: January 1, 2025

Summary: By using Shoutcoder services, you agree to these Terms. Key points include: you must use our services lawfully, pay on time, and maintain your own backups. We guarantee 99.99% VPS uptime and 99.9% shared hosting uptime. Violations may result in account termination.

1. Acceptance of Terms

By accessing or using any service provided by NixoWeb Solutions Pvt Ltd ("Shoutcoder", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services. These Terms apply to all visitors, users, and customers of Shoutcoder.

2. Description of Services

Shoutcoder provides web hosting, reseller hosting, VPS server, and domain registration services. We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

3. Account Registration & Responsibility

You must provide accurate, complete, and current information when creating an account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account. Shoutcoder is not liable for any loss resulting from unauthorized use of your account.

4. Payment & Billing

All fees are billed in advance on a monthly or annual basis depending on your chosen plan. Payments are non-refundable except as provided in our Refund Policy. We reserve the right to change pricing with 30 days' written notice. Failure to pay on time may result in service suspension. Suspended accounts not renewed within 7 days may be terminated and data permanently deleted.

5. Acceptable Use Policy

You agree not to use our services for: (a) illegal activities or content that violates applicable laws; (b) spamming, phishing, or sending unsolicited bulk email; (c) hosting malware, viruses, or malicious code; (d) mining cryptocurrency; (e) DDoS attacks or network abuse; (f) hosting content that infringes intellectual property rights; (g) adult content without prior written approval; (h) excessive resource consumption that impacts other customers. Violation of this policy may result in immediate account termination without refund.

6. Uptime Guarantee & SLA

Shoutcoder guarantees 99.99% network uptime for VPS plans and 99.9% for shared/reseller hosting, measured monthly. Scheduled maintenance windows (announced 24 hours in advance) are excluded from uptime calculations. In the event of downtime below the guaranteed threshold, customers may be eligible for service credits as per our SLA policy. Credits are the sole remedy for downtime and do not exceed the monthly fee paid.

7. Data Backup

While Shoutcoder provides free weekly automated backups, you are solely responsible for maintaining your own independent backups. We do not guarantee the completeness or availability of backup data. We strongly recommend maintaining your own off-site backups. Shoutcoder is not liable for any data loss, even if backups are offered as part of your plan.

8. Security

You are responsible for securing your hosted applications, websites, and databases. Shoutcoder provides infrastructure security (Imunify360, firewalls, DDoS protection) but is not responsible for vulnerabilities in your own code or third-party applications. You must promptly apply security patches and updates to your software. Accounts found to be compromised and used to attack other systems may be suspended immediately.

9. Termination

You may cancel your account at any time by contacting our support team. We reserve the right to suspend or terminate your account without notice for violation of these Terms, non-payment, or any activity that harms our infrastructure or other customers. Upon termination, your data may be deleted within 30 days. We are not liable for any loss of data following termination.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Shoutcoder and NixoWeb Solutions Pvt Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. Our total liability for any claim shall not exceed the amount paid by you in the three months preceding the claim. Some jurisdictions do not allow limitation of liability for certain damages, so this limitation may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Shoutcoder, NixoWeb Solutions Pvt Ltd, and their officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of our services, violation of these Terms, or infringement of any third-party rights.

12. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect and process personal data in accordance with applicable data protection laws. By using our services, you consent to the collection and use of information as described in our Privacy Policy.

13. Changes to Terms

Shoutcoder reserves the right to update or modify these Terms at any time. We will notify registered customers by email at least 15 days before material changes take effect. Your continued use of our services after the effective date constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

14. Governing Law & Disputes

These Terms are governed by the laws of India. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts in India. Before pursuing legal action, you agree to attempt to resolve disputes informally by contacting us at [email protected].

15. Contact Information

For questions about these Terms, please contact us at [email protected] or write to: NixoWeb Solutions Pvt Ltd, India. Our support team is available 24/7.

If you have questions about these Terms, please contact our team or email us at [email protected].