Please read carefully
Tofinger Our Terms & Conditions
This Web Hosting Agreement is between Tofinger and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
You agree to these terms by using Tofinger, or any services provided by Tofinger any related service or services offered by it’s partners:
1. Services
Tofinger agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs.
Note: Transaction charges during payment via any gateway are not considered as hidden charges.
2. Terms
- 2.1→ All customers are responsible for monitoring their storage space and bandwidth transfer each month.
- 2.2→ Customers who exceed their account limit will be sent an email with options to upgrade their account or reduce storage.
If this happens every month continuously We reserve all rights to ban accounts for continued issues. - 2.3→ If customers encounter any issues, we will do everything possible to resolve the issue.
- 2.4→ If customers sign up for an account and cancel within the first month, they will be charged for the entire first month.
3. Delivery of Services
You will get an automatic receipt from our system upon successful payment.
Please print a copy of this and keep in a safe place for future reference.
Your unique customer username will be on this receipt and should be used to make inquiries to Tofinger,
Please note that we aim to deliver all products as soon as signup is complete. If we are unable to comply with this we will notify you by email or telephone or both.The payment will be deducted when the service is rendered.
All orders are automatically delivered via email, please contact us at [email protected] if you have any questions about your order Or open a ticket from the support department.
Generally we will respond within 1 hour of receiving your inquiry.
You can also contact us via live chat. We are available 365 days a year, 24/7 live chat to help you instantly.
Note: The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.
4. Payment Getway Fees
- 4.1→ All of Your Invoice has extra 1.85% Gateway charge for bKash, Nagad, Rocket, Upay, Celfin Gayeway. Which is excluded form the Main Price.
- 4.2→ PayPal gateway charge will be 5%+0.30 USD per transection
- 4.3→ All kind of Card payment charge will be 3% per transection
- 4.4→ You don’t need to pay any charge during banking transection
5. Free Domain Conditions
You will get free domain only when you take the announced offer package for 1 year.
You will not get free domain for 1 month, 3 month or 6 month term.
Only one domain will be registered per account for free.
The minimum hosting period is 6 months, after which you can transfer the domain to another host if you wish. The domain may not be transferred to another client during this period.
Tofinger, reserves the right to cancel or resell your domain if you cancel your hosting before the 3 month paid period.
The free domain offer is only applicable to certain domains.
6. Domain Transfer/Moving
You can buy many domains at Tofinger promo offer prices but you cannot request a transfer/push move to your own reseller by buying our official promo price domains.
We will take this effort as abuse of our domain offer.
7. Resource usage
- 7.1→ Users may not use more than 100% CPU out of 1 CPU Core, and the usage is limited to 1 CPU core, 1GB memory, 1024/Kbps IO – Read & write operations, no more than 100 NPROC – Processes or no more than 20 Entry Process.
- 7.2→ Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or higher.
- 7.2→ Each user account may not send more than 100 emails per hour.
- 7.3→ You can make this hosting as a file server.
- 7.4→ You can’t host a video steaming/Movie download site.
- 7.5→ You can’t use this a ftp server.
- 7.5→ You can’t abuse the storage by hosting extra large file which should not be there.
Note :→ If it is determined that a customer’s account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting in problems with other valued customers.
8. Refund Policy
- 8.1→ If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 Dayss. There are no refunds past the 30 Days period.
- 8.2→ Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Tofinger through other companies.
- 8.3→ No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
- 8.4→ Setup fees are non-refundable.
- 8.5→ Payment Getway Fees are non-refundable.
- 8.6→ Credit on your account cannot be refunded and must be used for purchases and renewals.
- 8.7→ No refunds are provided for VPS or Dedicated servers under any circumstances.
- 8.8→ If you voluntarily cancel your service due to the reason that any service not included in the package you requested is unavailable, you will not be eligible for a refund. This includes any service, including development-related services, that is not explicitly mentioned in the package
- 8.9→ Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 Days money back guarantee.
- 8.10→ Any funds sent to Tofinger which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
9. Grounds for Suspension and Termination
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Tofinger to suspend or terminate your account. You agree that Tofinger has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
- 9.1→ Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- 9.2→ Hosting websites dedicated to pornography or adult content.
- 9.3→ Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- 9.4→ Using your hosting as a file or image hosting service.
- 9.5→ Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- 9.6→ Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.
- 9.7→ Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
- 9.8→ Uploading, linking to or storing warez, cracks or other pirated software.
- 9.9→ Assisting in or directly distributing copyrighted material.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- 9.10→ Providing fake or incomplete contact details, including name, postal address and telephone number.
- 9.11→ Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
- 9.12→ Using the Service for unauthorised relays through any third party systems.
- 9.13→ Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- 9.15→ Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
- 9.16→ Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- 9.17→ Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
- 9.18→ Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- 9.19→ Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- 9.20→ Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- 9.21→ Using the service to host phishing content.
- 8.5→ Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- 9.22→ No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Tofinger, may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
- 9.23→ Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Tofinger as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
- 9.24→ Intellectual Property – Tofinger does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to [email protected]
- 9.25→ Continuing a specific identification of the allegedly infringing material and the location(s) on Tofinger facilities where the materials are to be found. Upon receipt of such written notice, Tofinger will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Tofinger receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Tofinger, will send you a copy of that notification. Unless you notify Tofinger, of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
- 9.26→ Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Tofinger, neither Tofinger nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service.Tofinger neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Tofinger is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Tofinger equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Tofinger and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- 9.27→ You agree that, should you use the Service to send or receive voice communications, Tofinger is not acting as a telecommunications carrier or telephone , that there is no representation made by Tofinger as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Tofinger has no liability of any sort for the failure or lack of quality of such use of the Service.
- 9.28→ You agree to be liable for any damages or loss of service which results in damages to Tofinger as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Tofinger may pursue any such claims against you in Court.
You agree that in no event will Tofinger have financial liability to you.
Warranty :→ Tofinger MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Tofinger ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Tofinger OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Tofinger ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; Tofinger DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Tofinger DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
10. Disputes
You agree that any dispute between you and Tofinger arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Tofinger will be submitted by the aggrieved party for binding arbitration under the auspices of the Bangladeshi law and International Law.
11. Governing Law
These Terms and Policies are governed in all respects under Bangladeshi laws and International Laws
12. Cancellation Procedure
- 12.1→ Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press ‘Request Cancellation’. You must then complete and submit the form.
- 12.2→ Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.
- 12.3→ It is your responsibility to ensure any paypal subscriptions you have setup are cancelled.
- 12.4→ No other forms of cancellation are accepted.
- 12.5→ Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.
- 12.6→ Dedicated server cancellations must be submitted a minimum of 30 days prior to the renewal date or you may be charged for the next billing period.
13. Resellers
Resellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances.
14. Affiliates
Affiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area.
You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. Doing so will result in the link being reported.
15. Request For Customer Information
Customer agrees that Tofinger may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Tofinger believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
16. Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Tofinger not with standing any agreement by Tofinger to provide back up services.
17. Request For Restore Of Hosting Package
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $5 one time fee will be enforced.
18. Changes To Tofinger’s Network
Upgrades and other changes in Tofinger’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Tofinger reserves the right to change its network in its commercially reasonable discretion, and Tofinger shall not be liable for any resulting harm to Customer.
19. Notices
Notices to Tofinger under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.