Terms & Conditions

1. Service Agreements & Scope

By registering an account or deploying virtual compute nodes across the NetBay Hosting network, you enter into a legally binding contract governed by the laws of India. NetBay Hosting provides Virtual Private Servers (VPS) provisioned on physical hypervisors using enterprise virtualization clustering technologies.

You must be at least 18 years old or represent a legally recognized business entity (holding a valid GSTIN where applicable) to open an account and purchase compute resources.

2. Account Registration, Security, & API Keys

Users must provide accurate profile data during signup (email, billing address, and optional phone/WhatsApp details). Upon registration, your unique 8-character uppercase alphanumeric username is generated and serves as your permanent tenant identifier.

Developer API Usage: Users may generate Developer API Keys to programmatically purchase, rebuild, power-cycle, and renew servers. You are solely responsible for maintaining key confidentiality.

• API actions are rate-limited to 1,000 requests per 10 minutes globally, and 100 destructive write actions per 10 minutes.
• A progressive delay throttler will automatically delay requests if actions are triggered in extreme rapid succession (less than 10 seconds apart) to prevent hypervisor overload.
• Compromised API keys must be revoked immediately via the Account settings interface. NetBay Hosting accepts no liability for unauthorized compute consumption driven by leaked secrets.

3. Wallet Billing, Invoices, & Payment Operations

NetBay Hosting operates on an upfront prepaid wallet billing model denominated in Indian Rupees (₹).

• Deposits: You can add funds to your wallet using PhonePe payment gateway integrations (supporting UPI, Credit Cards, Debit Cards, and Net Banking). All deposits are non-refundable.
• VM Purchases & Renewals: Purchase amounts are debited immediately from your wallet balance based on the selected plan price and lease duration (in months).
• Refund Exception: If a VM provisioning task fails permanently due to cluster capacity exhaustion or infrastructure errors, the debited amount is credited back to your wallet balance automatically via a systemic refund Transaction.
• Invoices: Standard transactions do not carry manual invoices unless manually generated or adjusted by the platform administrators. Invoices carry unique identifiers formatted as INV-YYMM-XXXXXX.

4. Return, Cancellation, & Refund Policy

Because NetBay Hosting provides intangible, real-time virtual compute instances and cloud infrastructure resources, physical returns do not apply. Our cancellation, return, and refund guidelines are structured as follows:

• Order Cancellations: You may cancel or request termination of any Virtual Private Server (VPS) instance at any time through the Client Portal. Upon cancellation, the instance remains active until the end of its paid billing cycle and will not automatically renew.
• Wallet Balance Non-Refundable: Prepaid wallet deposits added via payment gateways (PhonePe, UPI, Net Banking, Cards) are non-refundable and non-transferable to bank accounts once credited, except where mandated by applicable Indian laws or in instances of permanent system failure.
• Automatic Failed Provisioning Refund: If a paid server deployment fails permanently due to cluster capacity constraints or hypervisor errors, 100% of the debited amount is immediately credited back to your wallet balance.
• 48-Hour Network Uptime SLA Guarantee: If a newly deployed VPS suffers an unresolvable, continuous network outage exceeding 4 hours attributable to NetBay Hosting infrastructure within 48 hours of initial purchase, a pro-rata credit or wallet refund will be granted upon ticket investigation.
• Non-Refundable Circumstances: Services terminated due to violations of our Acceptable Use Policy (AUP) ΓÇö including DDoS attacks, SPAMming, malware hosting, or unauthorized crypto mining ΓÇö are strictly ineligible for any refund or wallet credit.
• Refund Processing Timeframe: Approved wallet refund credits take effect instantly. In rare cases where a bank gateway refund is approved by management, processing takes 5ΓÇô7 business days to credit back to your original source payment method.

5. Virtual Machine Lifecycle, Rebuilds, & Renewals

Virtual machines are provisioned with specific virtual CPU cores, dedicated memory allotments, and storage configurations bound to specified IP address pools.

• Rebuild Policy: Users can rebuild their operating system template for free. Rebuilds wipe all user files on the VM disk and generate a fresh password. Rebuilds are capped at 3 requests per 24 hours to prevent storage network degradation.
• Replacement Policy: Replacements allow users to scrap the VM and receive a new IP address. Replacements are capped at 1 request per 24 hours.
• Expiration & Grace Period: VM services will automatically suspend immediately upon reaching their expiry date. Suspend status stops the VM. If a VM remains terminated or unpaid, it will eventually be marked for deletion. Stored logs and metadata for terminated VMs are held for exactly 3 months before permanent destruction.

6. Acceptable Use Policy (AUP)

Compute services must not be utilized for malicious or illegal operations. Prohibited activities include, but are not limited to:

• Launching Distributed Denial of Service (DDoS) attacks, network port scanning, brute-forcing, or sending unsolicited bulk commercial email (SPAM).
• Hosting malicious payloads, command-and-control servers, malware distribution nodes, or phishing templates.
• Cryptocurrency mining (including CPU, GPU, or storage-based protocols), which degrades parent hypervisor disk I/O and shared core capacity.
• Hosting copyrighted media in violation of international DMCA acts without express written consent.

Warning: Violating the Acceptable Use Policy will result in immediate termination of the offending service without notice, wallet balance forfeiture, and potential IP-blocking across all NetBay infrastructure.

7. Reseller & White-Label Storefront Agreement

Users holding the seller role may create sub-users, set up white-labeled reseller platforms with custom domains, and configure brand aesthetics (primary colors, accent layouts, platform logos).

• Resellers act as the direct billing and support provider for their sub-users (reseller clients).
• Reseller clients authenticate using their reseller platform URL. Resellers must enforce their own localized terms of service.
• NetBay Hosting holds the reseller account responsible for all computing resource costs and policy violations triggered by their client nodes.

8. Disclaimers & Limitation of Liability

NetBay Hosting services are provided "as is" and "as available". We do not warrant that VPS nodes will run uninterrupted or error-free. We maintain a target 99.9% network and power uptime SLA, excluding scheduled maintenance blackout windows.

In no event shall NetBay Hosting, its administrators, or parent entity be liable for any lost profits, lost data, or business interruption resulting from service suspensions, IP blockages, or physical hardware node failures. Backup of logical databases and critical application states remains the sole responsibility of the customer.