| Terms of
Service
Where the content states: "We" includes
IndiaHoster or any party acting on
IndiaHoster's implicit instructions. "You"
includes the person purchasing the services or
any party acting on the customer's
instructions. "Member" includes the purchaser
of services or any party acting on the
purchaser's instructions. "The Registrant"
includes the person applying for a domain name
or any party acting on the Registrant's
instructions. "The Registry" refers to the
relevant domain names Registry. "Server" means
the computer server equipment in connection
with the provision of the Services. "Web Site"
means the area on the Server allocated by us to
you for use by you as a site on the Internet.
"TOS" includes this agreement. IndiaHoster
reserves the right to modify this policy at any
time, effective immediately upon posting of the
modification to this URL:
http://www.indiahoster.com/tos.html. In
consideration of the mutual covenants herein,
the parties agree to the following, which shall
apply during the term of this agreement:
1. Domain Name
Registration
1.1 We make no representation that the
domain name you wish to register is capable of
being registered by or for you or that it will
be registered in your name. You should
therefore not assume registration of your
requested domain name(s) until you have been
notified that it has or they have been
registered. Any action taken by you before such
notification is at your risk.
1.2 The registration and use of your domain
name is subject to the terms and conditions of
use applied by the relevant naming authority;
you shall ensure that you are aware of those
terms and conditions and that you comply with
them. You shall have no right to bring any
claim against us in respect of refusal to
register a domain name. Any administration
charge paid by you to us shall be
non-refundable notwithstanding refusal by the
naming authority to register your desired
name.
1.3 We shall have no liability in respect of
the use by you of any domain name; any dispute
between you and any other person must be
resolved between the parties concerned in such
dispute. If any such dispute arises, we shall
be entitled, at our discretion and without
giving any reason, to withhold, suspend or
cancel the domain name. We shall also be
entitled to make representations to the
relevant naming authority but will not be
obliged to take part in any such dispute.
1.4 We shall not release any domain to
another provider unless full payment for that
domain has been received by us.
1.5 No refunds will be given for domain name
registration/transfer/renewal.
2. Web Site Hosting And
Email
2.1 We make no representation and give no
warranty as to the accuracy or quality of
information received by any person via the
Server and we shall have no liability for any
loss or damage to any data stored on the
Server.
2.2 You shall effect and maintain adequate
insurance coverage in respect of any loss or
damage to data stored on the Server.
2.3 You represent, undertake and warrant to
us that you will use the Web Site allocated to
you only for lawful purposes. In particular,
you represent, warrant and undertake to us
that:
2.3.1 you will not use the Server in any
manner which infringes any law or regulation or
which infringes the rights of any third part;
nor will you authorize or permit any other
person to do so.
2.3.2 you will not post, link to or
transmit:
(a) any material which is unlawful,
threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or
otherwise objectionable as determined by
IndiaHoster in any way.
(b) any material containing a virus or other
hostile computer program.
(c) any material which constitutes, or
encourages the commission of a criminal
offence, or which infringes any patent, trade
mark, design right, copyright or any other
intellectual property right or similar rights
of any person which may subsist under the laws
of any jurisdiction.
2.3.3 you will not send bulk email, whether
opt-in or otherwise, from our network. Nor will
you promote a site hosted on our network using
bulk email.
2.3.4 you will not employ programs which
consume excessive system resources including,
but not limited to, processor cycles and
memory. We do not host IRC, IRC bots, or other
server resource intensive programs.
2.3.5 If you surpass your allotted
disk/bandwidth usage as set forth in your
purchased plan, you agree to purchase the
excess in blocks as set forth in our "plans"
section. Such payment to be immediate and
non-disputable.
2.4 We reserve the right to remove any
material which we deem inappropriate from your
web site without notice. We do not host Warez,
Underage Adult, Pornographic, or Copyrighted
MP3 content.
2.5 You shall keep secure any
identification, password and other confidential
information relating to your account and shall
notify us immediately of any known or suspected
unauthorized use of your account or breach of
security, including loss, theft, or
unauthorized disclosure of your password or
other security information.
2.6 You shall observe the procedures which
we may from time to time prescribe and shall
make no use of the Server which is detrimental
to our other customers.
2.7 Members utilizing free hosting shall
exclude themselves from promotions offered and
afforded to paying Members.
2.7.1 Members utilizing free hosting shall
display a banner as supplied by IndiaHoster.
2.8 You shall procure that all mail is sent
in accordance with applicable legislation
(including data protection legislation) and in
a secure manner.
2.8.1 Sending unsolicited mail messages,
including, without limitation, commercial
advertising and informational announcements, is
expressly prohibited. A Member shall not use
another site's mail server to relay mail
without the express permission of the site.
2.8.2 It is contrary to IndiaHoster policy
for Members to use our servers to effect or
participate in any of the following
activities:
To post to any Usenet or other newsgroup,
forum, e-mail mailing list or other similar
group or list articles which are off-topic
according to the charter or other
owner-published FAQ or description of the group
or list.
To send mass e-mailings; whether
unsolicited, opt-in, or otherwise.
To engage in any of the foregoing activities
using the service of another provider, but
channelling such activities through a
IndiaHoster provided server, or using a
IndiaHoster provided server as a mail drop for
responses.
To falsify user information provided to
IndiaHoster or to other users of the service in
connection with use of a IndiaHoster
service.
2.8.2(a) Consequences of Violation:
When IndiaHoster becomes aware of an alleged
violation of its Acceptable Use Policy,
IndiaHoster will initiate an investigation.
During the investigation IndiaHoster may
restrict Member's access in order to prevent
further possible unauthorized activity.
Depending on the severity of the violation,
IndiaHoster may, at its sole discretion,
restrict, suspend, or terminate Member's
account and/or pursue other civil remedies. If
such violation is a criminal offense,
IndiaHoster will notify the appropriate law
enforcement department of such violation.
2.8.2(b) You shall be held liable for any
and all costs incurred by IndiaHoster as a
result of your violation of these terms and
conditions. This is including, but is not
limited to, attorney fees and costs resulting
from Postmaster responses to complaints from
and the cleanup of unsolicited commercial
mailings and/or unauthorized bulk mailings
and/or news server violations.
IndiaHoster’s current hourly rate for
Postmaster responses to complaints and cleanup
of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server
violations is US $100 per hour, with a minimum
one (1) hour charge, plus US $1 for each
bulk-email or Usenet message sent, plus US $1
per complaint received. Server maintenance fees
of $85 per hour.
2.8.3 IndiaHoster does not issue service
credits for any outages incurred through
service disablement resulting from Policy
violations.
2.9 Any access to other networks connected
to IndiaHoster must comply with the rules
appropriate for those other networks
2.10 While we will use every reasonable
endeavour to ensure the integrity and security
of the Server, we do not guarantee that the
Server will be free from unauthorized users or
hackers and we shall be under no liability for
non-receipt or misrouting of email or for any
other failure of email.
2.11 You may cancel the Services at any time
by logging into the Ticket Desk Support System
(for verification) and requesting cancellation
of services.
3. Service Availability
3.1 We shall use our reasonable endeavours
to make available to you at all times the
Server and the Services but we shall not, in
any event, be liable for interruptions of
Service or down-time of the Server.
3.2 We shall have the right to suspend the
Services at any time and for any reason,
generally without notice, but if such
suspension lasts or is expected to last for
more than 7 days you will be notified of the
reason. As a reseller or sub-client, it is your
responsibility to take care of backup for sites
that may be yours or ones under you. We also
reserve the right to disallow services/hosting
to any client as we feel necessary and hold no
liability. Also please note that we do not
offer any sort of compensation on our network
uptime guarantee.
3.3 The Services provided to you hereunder
and your account with us cannot be transferred
or used by anyone other than you. No more than
one log-in session under any one account may be
used at any time by you. If you have multiple
accounts, you are limited to one login session
per system account at any time; user programs
may be run only during log-in sessions. If your
account is found to have been transferred to
another party, or shows other activity in
breach of this sub clause, we shall have the
right to cancel the account and terminate the
Services and/or this Agreement immediately.
4. Payment
4.1 All charges payable by you for the
Services shall be in accordance with the scale
of charges and rates published from time to
time by us on our web site and shall be due and
payable in advance of our service provision. We
reserve the right to change pricing at any time
although all pricing is guaranteed for the
period of pre payment.
4.2 Payment is due each anniversary month,
quarter or year following the date the Services
were established until closure notice is given.
If you choose to pay by credit or debit card
you authorize IndiaHoster to debit your account
renewal fees from your card.
4.3 All payments must be in Indian Rupees/US
Dollars.
4.4 Without prejudice to our other rights
and remedies under this Agreement, if any sum
payable is not paid on or before the due date,
we shall be entitled forthwith to
suspend/terminate the provision of Services to
you.
5. Termination
5.1 If you fail to pay any sums due to us as
they fall due, we may suspend the Services
and/or terminate this Agreement forthwith
without notice to you.
5.2 If you break any of these terms and
conditions we may suspend the Services and/or
terminate this Agreement forthwith without
notice to you.
5.3 If you are a company and you go into
insolvent liquidation or suffer the appointment
of an administrator or administrative receiver
or enter into a voluntary arrangement with your
creditors, we shall be entitled to suspend the
Services and/or terminate this Agreement
forthwith without notice to you.
5.4 No refunds will be made for Services
suspended in accordance with 5.1, 5.2 and
5.3.
5.5 We reserve the right to suspend the
Services and/or terminate this Agreement at any
time. In the event of this You will a be
entitled pro rata refund based upon the
remaining period of membership.
5.6 You may cancel the Services at any time
by logging into the Ticket Desk Support System
(for verification) and requesting cancellation
of services.
5.7 During the first 30 days of Services,
You are entitled to a refund of fees paid with
the exclusion of domain name registration, data
transfer fees, and excessive support requests
should you decide to cancel the Services for
just cause. IndiaHoster shall be the sole
arbitrator as to the validity of your claim of
just cause. And will subtract the
aforementioned fees from any monies due you.
5.7.1 During the first fourteen days of
service you are entitled to a full, no
questions asked refund excluding as set forth
in sections 5.7, 5.7.2, 5.7.3, and 12.5; as
well as exclusions listed in section 2 above.
For the remaining time your refund will be
prorated and factored at the full discretion of
IndiaHoster.
5.7.2 You will not be entitled to a refund
on these basis if you have previously had an
account with IndiaHoster under any plan or
service.
5.7.3 Allow 30 (thirty) days for refund
payments to process. If you have not received
refund within this time allotment; please
contact us.
5.8 Where payment has been made by credit or
debit card, any refund will only be issued to
the same credit or debit card.
5.9 On termination of this Agreement or
suspension of the Services we shall be entitled
immediately to block your Web Site and to
remove all data located on it.
6. Indemnity
6.1 You shall indemnify us and keep us
indemnified and hold us harmless from and
against any breach by you of these terms of
business and any claim brought against us by a
third party resulting from the provision of
Services by us to you and your use of the
Services and the Server including, without
limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses
(including reasonable legal costs and
expenses), howsoever suffered or incurred by us
in consequences of your breach or
non-observance of this Agreement.
7. Limitation Of
Liability
7.1 All conditions, terms, representations
and warranties relating to the Services
supplied under this Agreement, whether imposed
by statute or operation of law or otherwise,
that are not expressly stated in these terms
and conditions including, without limitation,
the implied warranty of satisfactory quality
and fitness for a particular purpose are hereby
excluded, subject always to sub clause.
7.2 Nothing in these terms and conditions
shall exclude our liability for death or
personal injury resulting from our
negligence.
7.3 Our total aggregate liability to you for
any claim in contract, tort, negligence or
otherwise arising out of or in connection with
the provision of the Services shall be limited
to the charges paid by you in respect of the
Services which are the subject of any such
claim.
7.4 In any event no claim shall be brought
unless you have notified us of the claim within
one year of it arising.
7.5 In no event shall we be liable to you
for any loss of business, contracts, profits or
anticipated savings or for any other indirect
or consequential or economic loss
whatsoever.
7.6 You are responsible for monitoring
Bandwidth and Disk space usage of your site.
This is easily done from your Control Panel. If
you go over the amount indicated in your
current plan; you will assessed a surcharge as
set forth in our pricing structure.
8. Notices
8.1 Any notice to be given by either party
to the other may be sent by either email, fax
or recorded delivery to the address of the
other party as appearing in this Agreement or
ancillary application forms or such other
address as such party may from time to time
have communicated to the other in writing, and
if sent by email shall unless the contrary is
proved be deemed to be received on the day it
was sent or if sent by fax shall be deemed to
be served on receipt of an error free
transmission report, or if sent by recorded
delivery shall be deemed to be served two days
following the date of posting.
9. Support
9.1 On our site you will find links to all
the information to get your web site up and
running. All information pertaining to your
account should have been included in the
Welcome Letter you received when we created
your account. If you did not receive a welcome
letter email, please contact our Support Team.
There are several reasons an email may not
reach you; first and foremost is if the domain
you have contracted services for is the same
domain your welcome email was sent to.
9.2 The support feature of our service at
present time consists of our Support System
solving server related problems only.
9.2.1 If you require support for your
scripting, there are several online tutorials
available we can help you find. You may
purchase our technicians' services at the rate
of $80 per hour, with one half hour minimum
billed. We reserve the right to waive this fee
at any time.
9.3 Support can only be addressed in English
through our Support System.
9.4 All Support requests are to be processed
through our Support System. Any other request
for support, except as noted in Section 9.5,
will be considered a breach of our TOS.
9.5 In the event of a server outage or other
such emergency, you are free to contact us in
any manner.
10. Law
10.1 This Agreement shall be governed by and
construed in accordance with Indian law and the
laws governing the state of Kerala. You hereby
submit to the non-exclusive jurisdiction of the
Indian courts.
11. Headings
11.1 Headings are included in this Agreement
for convenience only and shall not affect the
construction or interpretation of this
Agreement.
12. Torturous Conduct
12.1 No one shall post defamatory,
scandalous, or private information about a
person without their consent, intentionally
inflicting emotional distress, or violating
trademarks, copyrights, or other intellectual
property rights.
12.2 Any abuse towards any IndiaHoster
employee will not be tolerated. You are
expected to request and respond to support and
other issues in a professional manner. When
emailing IndiaHoster or utilizing the Ticket
Desk Support System, refrain from using caps,
exclamation points, and other forms of written
yelling. Any cursing, yelling, or further
intentional disruptive behavior aimed at
IndiaHoster or it's employees shall be
considered a violation of this TOS.
12.3 Any threat; whether verbally, orally,
written, or delivered by second parties
directed towards IndiaHoster or any of it's
employees, partners, equipment, and concerns
shall be construed as a violation of this
TOS.
12.4 Any conduct viewed as violating this
section shall be considered a violation of this
TOS. IndiaHoster will be the sole arbitrator in
regards to what is deemed a violation.
12.5 No refunds shall be given when the
contents of this section necessitates removal
of the account.
13. Cancellation of
Services
13.1 You may cancel the Services at any time
by logging into the Ticket Desk Support System
(for verification) and requesting cancellation
of services.
14. Entire Agreement
14.1 These terms and conditions together
with any documents expressly referred to in
them, contain the entire Agreement between us
relating to the subject matter covered and
supersede any previous Agreements,
arrangements, undertakings or proposals,
written or oral: between us in relation to such
matters. No oral explanation or oral
information given by any party shall alter the
interpretation of these terms and conditions.
In agreeing to these terms and conditions, you
have not relied on any representation other
than those expressly stated in these terms and
conditions and you agree that you shall have no
remedy in respect of any misrepresentation
which has not been made expressly in this
Agreement.
14.2 IndiaHoster reserves the right to amend
these TOS at any time.
14.3 It is your responsibility to check
these Terms of Service on occasion for any such
amendments.
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