Terms & Conditions
Terms & Conditions
Kindly read these terms of services very carefully before you make any purchases on this website.
This policy represents the Dataspace Pvt. Ltd. Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Dataspace Pvt. Ltd. customers agree to when they sign-up for any of the Dataspace Pvt. Ltd. services. Dataspace Pvt. Ltd. reserves the exclusive right to change, amend, or revise any portion of this TOS policy at any time with or without written notice to our customers.
Customers using any services offered by Dataspace Pvt. Ltd. agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their service with Dataspace Pvt. Ltd. Dataspace Pvt. Ltd. retains the sole discretion to make judgments regarding any violation by any Dataspace Pvt. Ltd. customer and may take action against any customer deemed to be in violation of these terms, including the cancellation of any customer’s services without refund and/or if deemed appropriate be legally prosecuted.
Account Eligibility By registering for or using the Services you represent and warrant that:
You are sixteen (16) years of age or older. The services are intended solely for users who are sixteen (16) years of age or older. Any registration, use of, or access to the Services by anyone under sixteen (16) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct, and complete at all times. Dataspace Pvt. Ltd. is not responsible for any lapse in the Services, including without limitation any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Dataspace Pvt. Ltd. Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
The Service and any data you provide to Dataspace Pvt. Ltd. is hosted in the Nepal unless otherwise provided. If you access the Service from outside of the Nepal, you are voluntarily transferring information (potentially including personally identifiable information) and content to the Nepal and you agree that our collection, use, storage, and sharing of your information and content is subject to the laws of the Nepal and not necessarily of the jurisdiction in which you are located.
Financial Arrangements Customer agrees to be billed annually for Web Hosting and Reseller Hosting as well as monthly for the Cloud Hosting, and monthly for VPS and other Services in advance, beginning upon Dataspace Pvt. Ltd.’s receipt by email. The contract takes effect on the date of receipt of payment.
This agreement will automatically renew each month or annually (depending on the service plan selected) unless cancelled in writing by the Customer prior to the renewal date. Cancellations must be submitted in writing by email.
In the event that Customer fails to pay in advance for the services provided, or Customer’s account becomes delinquent, Dataspace Pvt. Ltd. reserves the right to suspend Customer’s account and services immediately without notice and without liability for actual, compensatory, or consequential damages to the Customer for the interruption in service.
Pre-Payment It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Auto Renewal Unless otherwise provided, you agree that until and unless you notify Dataspace Pvt. Ltd. of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services using your credit card or other billing information on file with us.
Taxes Listed fees for the Services do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any applicable taxes will be added to Dataspace Pvt. Ltd.’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Dataspace Pvt. Ltd. may suspend or terminate your account and pursue the collection costs incurred by Dataspace Pvt. Ltd., including without limitation any arbitration and legal fees and reasonable attorneys’ fees. Dataspace Pvt. Ltd. will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Acceptable Use Policy All services provided by Dataspace Pvt. Ltd. may only be used for lawful purposes. The laws of EU & the United States of America apply. The customer agrees to indemnify and hold harmless Dataspace Pvt. Ltd. from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email info@Dataspace.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted with the exception of one cPanel or Plesk backup of the same account. Please do not take backups of your backups.
User Content You may be able to upload, store, publish, display, and distribute information, text, photos, videos, and other content on or through the Services (collectively “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Dataspace Pvt. Ltd. that (i) you have all the necessary rights to post or distribute such User Content and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Dataspace Pvt. Ltd. a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Dataspace Pvt. Ltd. does not acquire any right, title, or interest in or to the User Content, all of which shall remain solely with you.
Dataspace Pvt. Ltd. exercises no control over and accepts no responsibility for User Content or the content of any information passing through Dataspace Pvt. Ltd.’s computers, network hubs, and points of presence or the Internet. Dataspace Pvt. Ltd. does not monitor User Content. However, you acknowledge and agree that Dataspace Pvt. Ltd. may, but is not obligated to, immediately take any corrective action in Dataspace Pvt. Ltd.’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Dataspace Pvt. Ltd. shall have no liability due to any corrective action that Dataspace Pvt. Ltd. may take.
Third Party Products and Services Third Party Providers Dataspace Pvt. Ltd. may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions, and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Dataspace Pvt. Ltd. does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. Dataspace Pvt. Ltd. does not warrant the accuracy or completeness of any information regarding third party providers. Dataspace Pvt. Ltd. is not an agent, representative, trustee, or fiduciary of you or the third party provider in any transaction.
Dataspace Pvt. Ltd. as Reseller or Licensor Dataspace Pvt. Ltd. may act as a reseller or licensor of certain third party services, hardware, software, and equipment used in connection with the Services (“Non-Dataspace Pvt. Ltd. Products”). Dataspace Pvt. Ltd. shall not be responsible for any changes in the Services that cause any Non-Dataspace Pvt. Ltd. Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Dataspace Pvt. Ltd. Products, either sold, licensed, or provided by Dataspace Pvt. Ltd. to you will not be deemed a breach of Dataspace Pvt. Ltd.’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Non-Dataspace Pvt. Ltd. Product are limited to those rights extended to you by the manufacturer of such Non-Dataspace Pvt. Ltd. Product. You are entitled to use any Non-Dataspace Pvt. Ltd. Product supplied by Dataspace Pvt. Ltd. only in connection with your use of the Services as permitted under this Agreement. You shall not attempt to copy, alter, reverse engineer, or tamper with any Non-Dataspace Pvt. Ltd. Product or use it other than in connection with the Services. You shall not resell, transfer, export, or re-export any Non-Dataspace Pvt. Ltd. Product, or any technical data derived therefrom, in violation of any applicable law, rules, or regulations.
Disclaimer Dataspace Pvt. Ltd. shall not be responsible for any damages your business may suffer. Dataspace Pvt. Ltd. makes no warranties of any kind, expressed or implied for the Services. Dataspace Pvt. Ltd. disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dataspace Pvt. Ltd. or our employees. Dataspace Pvt. Ltd. reserves the right to revise its policies at any time.
Limitation of Liability In no event will Dataspace Pvt. Ltd. its directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the Services, even if Dataspace Pvt. Ltd. is aware or has been advised of the possibility of such damages.
Indemnification You agree to indemnify, defend, and hold harmless Dataspace Pvt. Ltd., our affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms of Service.
Backups and Data Loss Your use of the Services is at your sole risk. Dataspace Pvt. Ltd.’s backup service runs once a week, overwrites any of our previous backups, and there are no guarantees of any kind, either expressed or implied, regarding the integrity of these backups. Backups are made for servers that include cPanel and Plesk accounts only. Dataspace Pvt. Ltd. does not make backups of dedicated accounts or the accounts that are hosted using virtual private servers (VPS). Dataspace Pvt. Ltd. is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Dataspace Pvt. Ltd.’s servers.
Termination Dataspace Pvt. Ltd. may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to Dataspace Pvt. Ltd.; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Dataspace Pvt. Ltd. or others, cause Dataspace Pvt. Ltd. or others to incur liability, or disrupt Dataspace Pvt. Ltd.’s business operations (as determined by Dataspace Pvt. Ltd. in its sole discretion); (iv) you are abusive toward Dataspace Pvt. Ltd.’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law. In such event, Dataspace Pvt. Ltd. will not refund to you any fees paid in advance of such termination,
Dataspace Pvt. Ltd. exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Dataspace Pvt. Ltd.’s computers, network hubs, points of presence, or the Internet. Dataspace Pvt. Ltd. does not monitor User Content. However, you acknowledge and agree that Dataspace Pvt. Ltd. may, but is not obligated to, immediately take any corrective action in Dataspace Pvt. Ltd.’s sole discretion, including without limitation the removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Dataspace Pvt. Ltd. shall have no liability due to any corrective action that Dataspace Pvt. Ltd. may take.
Unacceptable Material Policy for Dataspace Nepal
1. Overview
This Unacceptable Use Policy (AUP) applies to all users and clients of Dataspace Nepal. By using our services, you agree to comply with this policy and understand that any violations may result in the suspension or termination of services, legal action, or other necessary measures.
2. Prohibited Activities
The following activities are strictly prohibited on Dataspace Nepal’s servers and infrastructure:
2.1 Illegal or Harmful Activities
Any activity that is illegal under Nepalese law or international law.
Hosting, sharing, or distributing copyrighted content without permission (e.g., pirated movies, music and software).
Promoting or participating in fraudulent activities (e.g., phishing, Ponzi schemes, online scams).
Storing, sharing, or distributing any form of child exploitation or abusive content.
Unauthorized access to data, systems, or networks (hacking).
2.2 Resource Abuse
Hosting or operating any cryptocurrency miners (e.g., Bitcoin, Ethereum).
Operating proxy scripts, anonymizers, or IP scanners.
Running brute-force programs, spamming tools, or DDoS attack scripts.
Excessive resource usage that affects other users (e.g., AutoSurf/PTC/PTS sites).
2.3 Security Risks
Distributing malware, viruses, Trojans, or any malicious software.
Operating mail bombers, spam scripts, or unapproved bulk mailing tools.
Engaging in activities that compromise the security or performance of our infrastructure.
2.4 Content Restrictions
Hosting IRC (Internet Relay Chat) servers, scripts, or bots.
Broadcasting live sporting events (e.g., FIFA, NFL, WWE) without permission.
Hosting gambling websites or any form of lottery without valid permits.
Hosting websites that promote hate speech, terrorism, or any illegal activities.
2.5 Misuse of Services
Running file dump/mirror sites, file-sharing services, or rapid file distribution services.
Offering investment sites related to HYIP, FOREX, or pyramid schemes.
Operating banner ad services or commercial audio/video streaming services.
2.6 Unapproved Business Activities
Hosting escrow, bank debentures, or any similar financial services without prior approval.
Engaging in the sale or distribution of controlled substances without the required permits.
Hosting any sites involved in MUDs, RPGs, or online gaming environments.
3. Enforcement
Dataspace Nepal reserves the right to monitor, investigate, and take appropriate actions against any violations of this AUP. Actions may include, but are not limited to, account suspension or termination, legal action, and reporting to law enforcement agencies.
4. Reporting Violations
If you suspect any violation of this policy, please contact us immediately at +977-1-5369718.
5. Changes to This Policy
Dataspace Nepal reserves the right to modify this policy at any time. Clients will be notified of any significant changes, and continued use of our services constitutes acceptance of the updated policy.
Unacceptable Resource Usage Policy for Dataspace Nepal
Unattended Server-Side Processes
Running any stand-alone or unattended server-side processes (e.g., daemons) is prohibited. This includes IRC servers (IRCD) or any background tasks not directly managed by our services.
Web Crawlers and Indexers
Hosting or running any web crawlers, indexers, or web scraping tools (e.g., Google Cash / AdSpy) on shared servers is not allowed. These activities consume excessive resources and affect the performance of other clients.
IRC and Peer-to-Peer Applications
Operating any software that interfaces with Internet Relay Chat (IRC) networks or running BitTorrent applications, trackers, or clients is strictly forbidden. File-sharing or peer-to-peer services of any kind are also prohibited on shared servers.
Gaming Servers
Hosting or running any gaming servers, including but not limited to Counter-Strike, Half-Life, or Battlefield, is not permitted. Such applications consume significant resources and affect server performance.
Cron Jobs and Automated Scripts
Cron jobs should not run at intervals of less than 60 minutes. Frequent cron tasks lead to resource exhaustion and degrade server performance.
MySQL Queries
MySQL queries that run longer than 15 seconds are not allowed. Database tables should be optimized and indexed properly to prevent long-running queries and excessive resource usage.
PHP Include Statements
When using PHP include functions for local files, avoid using URLs (e.g., http://yourdomain.com/include.php). Use direct file paths like include.php or /home/username/public_html/include.php to reduce unnecessary resource consumption.
Server-Side Code Handling
Avoid forcing HTML files to process server-side code (such as PHP or SHTML). This increases CPU usage unnecessarily. Only use server-side processing where required.
HTTPS Usage
Use the HTTPS protocol only when necessary. Encrypting and decrypting communications over HTTPS is resource-intensive compared to unencrypted HTTP, so its usage should be limited to essential scenarios (e.g., login pages, sensitive data transactions).
Account Security and Monitoring Policy for Dataspace Pvt. Ltd.
1. User Responsibility and Security Practices
At Dataspace Pvt. Ltd., it is the responsibility of each user to ensure that all scripts and programs installed under their account are secure and that appropriate permissions are set for directories and files. Regardless of the installation method, users must:
Set permissions on directories and files to 755 or more restrictive settings whenever possible.
Regularly audit and secure their accounts against unauthorized access and potential misuse.
Users are ultimately responsible for all activities conducted under their account. This includes maintaining the security of credentials such as usernames and passwords.
2. Password Requirements and Audits
All users must use secure passwords that meet the following criteria:
Minimum length of 8 characters.
Include a mix of uppercase and lowercase letters, numbers, and special characters.
Accounts using weak passwords may be suspended until the user agrees to change them to meet security standards. Regular audits may be conducted to prevent the use of weak passwords. If a weak password is identified during an audit:
You will be notified and given time to update the password.
If the password is not updated within the specified period, the account may be suspended for security reasons.
3. Authorized Use and System Monitoring
Dataspace Pvt. Ltd. provides services, equipment, networks, and devices strictly for authorized customer use. While we are not obligated to, we may monitor our systems for several reasons, including but not limited to:
Ensuring that the use of services is authorized.
Protecting against unauthorized access.
Verifying security procedures and operational security.
Facilitating the overall survivability of the infrastructure.
During monitoring, information may be examined, recorded, copied, or used for authorized purposes to protect the integrity of our systems. By using our services, you consent to this monitoring.
4. Unauthorized Network Access
Any account found attempting to connect to a third-party network or system without proper authorization is subject to immediate suspension. Access to systems outside your direct control requires express written consent from the third party. Dataspace Pvt. Ltd. may, at its discretion, request documentation to verify that such access is authorized.
5. Abuse Reports and Malicious Content
If Dataspace Pvt. Ltd. receives an abuse report related to activities under your account, we may:
Suspend your access to services.
Terminate the account if necessary.
In cases where malicious content is detected, you will be notified and required to remove the content promptly. Failure to comply with the request may result in permanent suspension of access to services.
Backup
Your use of the Services is at your sole risk. Dataspace Pvt. Ltd.’s backup service runs once a month. In the event of data loss due to any fault of the Customer, and a restore is necessary using Dataspace Pvt. Ltd.’s backups, the Customer agrees to pay Dataspace Pvt. Ltd. a technical support fee to recover the Customer’s lost data.
Internet Protocol (IP) Address Ownership
Dataspace Pvt. Ltd. maintains control of any and all IP addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP addresses at its sole discretion.
Disclaimer of Warranty
The Internet and Website Hosting rely on a complex network of Hardware, Software, Network services, and Providers of information. Due to the need for an aggregate of all of these providers and service companies working properly, not all services may be available to you at all times. Dataspace Pvt. Ltd. offers a 99.9% uptime guarantee. This is valid only for the Dataspace Pvt. Ltd. servers and our primary co-location internet connection. Dataspace Pvt. Ltd. shall pursue partnerships with all tier-1 resources and channels available to maintain maximum uptime. However, Dataspace Pvt. Ltd. is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of Dataspace Pvt. Ltd.’s capability to directly correct. Dataspace Pvt. Ltd.’s clients are diverse and their websites and the function of those websites are diverse, and Dataspace Pvt. Ltd. cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, being the target of a DDOS attack, or any other internet or cyber-attack.
DATASPACE PVT. LTD. MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Dataspace Pvt. Ltd. nor anyone else involved in the provision of Service is liable to you or any third party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Dataspace Pvt. Ltd., even if Dataspace Pvt. Ltd. has been advised of the possibility of such damages.
Cancellation and Refund Policy
At Dataspace Pvt. Ltd. (www.Dataspace.com.np), we value your satisfaction and strive to provide excellent services. We understand that circumstances may arise where you need to cancel your services. Below is our cancellation and refund policy:
Money Back Guarantee:
A 10% cancellation fee will be deducted from the refund amount, and the remaining 90% will be credited back to the client’s account provided in the service cancellation request.
Clients must provide their account number in the service cancellation request to facilitate the refund process.
Cancellation Notice:
Cancellation notices for general hosting plans can be submitted any time before the service expiry.
For dedicated server, VPS server we require a minimum of 3 working days’ notice before the next billing date.
Refund Policy:
No cash refunds will be granted unless a payment error has occurred.
Any breach of our terms and conditions will result in immediate termination without refund.
Disputes should be communicated in writing via a valid contact method listed on our contact page.
Additional Services and Refunds:
Should you have any questions or concerns regarding our cancellation and refund policy, please contact us through our listed contact channels.
Thank you for choosing Dataspace Pvt. Ltd. for your hosting needs.