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Terms of Service
1. Introduction
This document (the “Agreement”) sets forth the principles,
guidelines and requirements of the Terms of Service of
Cyber Futuristics India Pvt.Ltd., an Indian company (the
"Company") doing business as go4hosting.com governing the
use by the customer ("Customer") of Company's services and
products ("Services and Products"). These Terms of Service
have been created to promote the integrity, security,
reliability and privacy of Company's facilities, network,
and Customer data contained within. The Company believes
it provides the best services in the industry, and
provides the following policies in the best interests of
the Company and the Company's clients. The Company retains
the right to modify these Terms of Service at any time and
from time to time and any such modification shall be
automatically effective as to all customers when adopted
by Company and published at
http://www.go4hosting.com/Company shall be the sole and
final arbiter as the interpretation of the following. By
utilizing the Company's services and products, the
Customer agrees to be bound by the terms herein outlined.
Questions or comments regarding this document should be
forwarded to the Company at the following address:
support@dialwebhosting.com
2. Compliance with the Law
Customer shall not post, transmit, re-transmit or store
material on or through any of Services or Products which,
in the sole judgment of the Company (i) is in violation of
any local, state or non-Indian law or regulation, (ii) is
threatening, obscene, indecent, defamatory or that
otherwise could adversely affect any individual, group or
entity (collectively, "Persons") or (iii) violates the
rights of any person, including rights protected by
copyright, trade secret, patent or other intellectual
property or similar laws or regulations including, but not
limited to, the installation or distribution of "pirated"
or other software products that are not appropriately
licensed for use by Customer. The Customer agrees to
indemnify and hold harmless the Company from any claims
resulting from the use of the services which damages the
Customer or any other party. Customer shall be responsible
for determining what laws or regulations are applicable to
its use of the Services and Products.
3. Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of
Service, Customer may only use the Services and Products
in a manner that, in the Company's sole judgment, is
consistent with the purposes of such Services and
Products. If Customer is unsure of whether any
contemplated use or action is permitted, please contact
the Company as provided above. By way of example, and not
limitation, uses described below of the Services and
Products are expressly prohibited.
3.1. General
3.1.1.
Pornography and pornographic related merchandising are
prohibited under all the Company's services. This includes
sites that include links to pornographic content
elsewhere. Further examples of unacceptable content or
links include pirated software, "hacker" programs,
archives of "Warez Sites", game rooms or MUDs, IRC Bots,
Egg Drop programs, any kind of illegal software or
shareware. In addition, sites offering online gambling,
casino functionality, sportsbook betting (including
offshore), and internet lotteries are prohibited.
3.1.2.
Violations of the rights of any Person protected by
copyright, trade secret, patent or other intellectual
property or similar laws or regulations, including, but
not limited to, the installation or distribution of
"pirated" or other software products that are not
appropriately licensed for use by Customer.
3.1.3.
Actions that restrict or inhibit any Person, whether a
customer of Company or otherwise, in its use or enjoyment
of any of the Company's Services or Products.
3.2. System and Network
3.2.1.
Introduction of malicious programs into the Company's
network or server (e.g., viruses and worms).
3.2.2.
Effecting security breaches or disruptions of Internet
communication. Security breaches include, but are not
limited to, accessing data of which Customer is not an
intended recipient or logging into a server or account
that Customer is not expressly authorized to access. For
purposes of this Section 3.2.2., "disruption" includes,
but is not limited to, port scans, flood pings, packet
spoofing and forged routing information.
3.2.3.
Executing any form of network monitoring which will
intercept data not intended for the Customer's server.
3.2.4.
Circumventing user authentication or security of any host,
network or account.
3.2.5.
Interfering with or denying service to any user other than
Customer's host (for example, denial of service attack).
3.2.6.
Using any program/script/command, or sending messages of
any kind, designed to interfere with, or to disable, a
user's terminal session, via any means, locally or via the
Internet.
3.2.7.
Creating an "active" full time connection on a
Company-provided account by using artificial means
involving software, programming or any other method.
3.2.8.
Any attempt to circumvent or alter monitoring, bandwidth
tracking or utilization reporting, or other actions which
have the effect of complicating the normal operational
procedures of the Company, including but not limited to
altering, removing or in any way modifying or tampering
with Company created log files.
3.2.9.
Any action which the Company determines, in its own
judgment, will reflect poorly on the Company or negatively
impact its operations.
3.2.10. Any action which the Company deems to be an
unacceptable use of resources, business practice or
otherwise unacceptable to the Company.
3.3. Billing
3.3.1.
Furnishing false or incorrect data on the order form,
contract or online application, including fraudulent use
of credit card numbers.
3.3.2.
Attempting to circumvent or alter the processes any
billing procedures or procedures to measure time,
bandwidth utilization, or other methods to document "use"
of the Company's Services and Products.
3.4. Mail
3.4.1.
Sending unsolicited commercial email messages (UCE),
including the sending of "junk mail" or other advertising
material to individuals who did not specifically request
such material, who were not previous customers of Customer
or with whom Customer does not have an existing business
relationship ("email spam").
3.4.2.
Sending UCE referencing an email address for any domain
hosted by the Company;
3.4.3.
Sending UCE referencing a domain hosted by the Company;
3.4.4.
Sending UCE referencing an IP address hosted by the
Company;
3.4.5.
Posting advertisements on IRC, ICQ, or any other public
chat system containing an email address hosted by the
Company, a domain hosted by the Company, an IP address
belonging to the Company;
3.4.6.
The Company will be the sole arbiter as to what
constitutes a violation of these provisions.
3.4.7.
Harassment, whether through language, frequency or size of
messages.
3.4.8.
Unauthorized use, or forging, of mail header information.
3.4.9.
Solicitations of mail for any other E-mail address other
than that of the poster's account or service with the
intent to harass or to collect replies.
3.4.10. Creating or forwarding "chain letters" or other
"pyramid schemes" of any type.
3.4.11. Use of unsolicited email originating from within
the Company's network or networks of other Internet
Service Providers on behalf of, or to advertise, any
service hosted by the Company, or connected via the
Company's network.
3.4.12. Activities deemed to be unsolicited marketing
efforts or otherwise harassing in any way.
3.4.13. Customer will be charged a minimum Rs.20,000.00
service charge for each instance of a verifiable UCE that
is reported to the Company and faces immediate account
suspension and/or termination, as well as further
penalties.
3.5.
Customer Support
3.5.1. The Company promotes a mutually-professional
relationship with its customers. Abusive, threatening,
obscene or otherwise harassing communications with agents
of the Company, via telephone, email, online chat or other
means will result in immediate account termination not
withstanding any other terms of this agreement. Violation
of this or any section of this Agreement will result in
refund ineligibility.
4. Bandwidth & Utilization
In addition to the other terms of this agreement, which
apply to all plans, bandwidth and utilization, by its
nature, is subject to a number of differing and/or
additional terms.
4.1
The Company provides the space and transfer limitations in
good faith to our Customers so that they may create their
Websites without the fear of running over their Web
traffic allocation. While most Customers will use the
space and traffic for their legitimate Web site needs, we
recognize that others may try to take advantage of our
offer and use the space and traffic in ways for which it
is not intended. In the best interests of our Customers
and in an effort to maintain the integrity of our service,
the following common sense rules will apply:
4.1.1.
Customer's site must use and store only the information
and data that relates to the Website, at the IP address
provided by the Company.
4.1.2.
Customer may not resell or give away Web space under a
domain name, nor may Customer build Websites that house
"sub domain" Websites on behalf of other companies, groups
or individuals. Customers who wish to resell the Company's
Web space should utilize the Company's Reseller Program;
4.1.3.
Customer may not use Customer's Website to store Web
pages, files or data for other IP addresses or domain
names, nor may Customer use its Website as a repository
for file, data or "Warez group" download transfers. The
Company reserves the right to make this determination, in
its sole and absolute discretion;
4.1.4.
The Company's "traffic” and “storage" offer is to provide
the Company's customers with storage space and bandwidth
for active Web pages and cannot be used as a "storage
space" for electronic files. An example of sites that fall
under "electronic storage" are large archives of images,
compressed files, movies, or sound files. The Company
permits up to 15 megabytes of archive storage, e.g. avi or
wav files, images, compressed files, shareware, games,
programs, etc.. All HTML pages MUST be linked to files
(HTML, .jpg, .gif, etc.) stored on Company's server and
vice versa.
4.1.5.
The storage and distribution of MP3 format files via the
Company network is prohibited.
4.1.6.
The Company does not permit sites where 20% or more of the
monthly traffic is from file downloads, or sites that use
more than 10% of system resources, or sites which in the
Company's view are detrimental to the enjoyment of the
Company services by the Company's other clients, or are in
the sole and final judgment of the Company, detrimental to
network or business operations.
4.
Size Maximum for the Semi-Dedicated Plan is 40 megabytes.
The
Company may take whatever steps necessary to provide its
services, and to provide for the enjoyment of such
services by all of the Company clients, and to ensure that
certain clients do not utilize services to the detriment
of other clients. Customers with Websites that do not
comply with these simple rules, or who seek to take
advantage of the Company unlimited storage or traffic plan
in any other way, will, at the discretion of the Company ,
have their sites canceled and/or removed from the servers
and have service charges assessed at the discretion of the
Company .
The
Company will be the sole and final arbiter as to Websites
or usages of resources that constitute violation or intent
to violate our policies. Those Customers found in
violation of these policies are subject to a Rs.20,000.00
service charge for each instance of violation, exclusive
of charges for the bandwidth and/or other resources
utilized. Websites which the Company must suspend or
cancel due to violation of these rules are not eligible to
receive a refund for unused service, and are subject to
charges for bandwidth and usage of resources at twice the
standard rate for such resources. Acceptance of these
Terms of Services, and/or use of Company's services
constitutes an acceptance of any fines, penalties or
service charges which might arise out of violation of
these policies.
5. Terms and Termination
For
the purposes of Section 5 of this agreement, the term
"Thirty Day Guarantee Period" shall be defined as the
period extending from the date a Customer signs up his or
her first domain with the Company through the thirtieth
(30) day following the initial signup of the first domain
enrolled.
5.1.
All cancellations must be received by the Company a
minimum of five (5) days prior to the next billing date of
the domain being cancelled.
5.1.1.
If the Customer notifies the Company fewer than five (5)
days before the next billing date of the domain being
cancelled, the charges incurred as a result of that
renewal will not be refunded.
5.1.2.
Cancellations requested within the Thirty Day Guarantee
Period are eligible for a full refund, less setup fees and
add-on-service fees which are non-refundable.
Cancellations requested outside the Thirty Day Guarantee
Period are not eligible for a refund in part or in full.
5.1.3.
Cancellation requests will only be accepted via our online
cancellation system at
http://www.support.go4hosting.com . Any other form of
cancellation request in not acceptable.
5.2.
Customer will not receive a refund for any other reason,
including but not limited to: late cancellation, slow
connection caused by Customer's ISP/network, Customer's
ignorance, InterNIC delays, account termination for
violation of policies
5.3.
By submitting a credit card or ACH information on the
order form, Customer agrees to authorize all recurring
charges to the account and any other balances incurred due
to overages of limits, additions of extras to the account,
service charges and/or any other fees, and to be bound to
the terms of this Agreement.
5.4.
Customer will not receive a refund for any setup fees or
any fees other than the monthly recurring hosting fees.
5.5.
Customer will be charged a Rs.1,000/- domain reactivation
fee for each site suspended due to a
billing-related issue.
5.6.
Customer shall pay the fees and other charges for Products
and Services ordered from Company as published on the Plan
Comparison Chart (http://www.go4hosting.com
) at time of order. Company reserves the right to change
rates and features without notice; any changes in price or
features will take effect upon renewal of the existing
hosting account, immediately for new purchases.
5.6.1.
Customer agrees that the Company reserves the right to
change its fees, features, and discount offerings and the
Customer agrees to be bound by any changes of fee,
feature, and/or discount.
5.7.
The Company reserves the right to terminate this
agreement, and to delete the Website from its hardware,
immediately upon the occurrence of any of the following
events:
5.7.1.
Non payment of any charges due from Customer;
5.7.2.
Breach of any term or condition of this agreement by
Customer;
5.7.3.
Commencement of any lawsuit or proceeding against Customer
arising from or relating to its use of the Website,
whether or not such suit names the Company as a party or
seeks any recovery from the Company.
5.7.4.
Payment for any charges is due at the time of signup and
renewal respectively will be automatically billed to the
customers credit card. All payments must be in U.S.
Dollars.
5.7.4.1. Customer agrees to pay billed amount according
to card issuer agreement. IP address captured during
signup process serves as legally binding indicator of
agreement.
5.7.5. Accounts which have balances outstanding shall be
deemed to be in default and subject to termination of
service. Customer shall be responsible for all costs of
collection, including reasonable attorney's fees and court
costs, in event of a default for nonpayment of any amounts
due the Company.
6. Indemnification of Provider/Relationship of Parties
6.1.
Customer agrees to indemnify and hold the Company harmless
from any lawsuit, claim, charge, or expense, including
reasonable attorney fees and costs of defense, for any
matter arising from or relating to Customer's Website
provided hereunder.
6.2.
Nothing contained herein shall be deemed to create a
relationship between the Company and Customer in the
nature of a partnership, joint venture, editor/publisher
or otherwise. Both parties acknowledge and agree that the
Company has no interaction with the data or substance of
Customer's Website, except as necessary to maintain the
Website.
7. Security/Software
7.1.
Customer agrees to take all steps reasonable, necessary,
and prudent to protect Customer's login ID and password.
7.2.
Customer agrees not to attempt to undermine or cause harm
to any server, software, system or customer of the
Company.
7.3.
Customer agrees to maintain Customers' computing equipment
responsibly, including running virus software.
7.4.
Uploading a virus to a Company server will result in
account termination, service charges and/or prosecution.
7.5.
Customer acknowledges that the Company cannot provide
technical support for any software and/or script that the
Customer installs, other than variable name changes.
Customer also acknowledges that the Company does not
supply technical support for Microsoft FrontPage, other
than initial configuration. The Company supplies technical
support for Web hosting issues only. The Company shall be
the sole arbiter as to what constitutes a "Web host"
issue.
8. Violation
Any attempt to undermine or cause harm to the Company
server or another customer's Web presence is strictly
prohibited. Any violation of the above Terms of Service
will result in grounds for account termination, with no
refunds given; the Company reserves the right to remove
any account without prior notice. Violation of these Terms
of Service may result in legal action, service charges or
a combination thereof.
9. Confidentiality
Customer acknowledges that by reason of their
relationship, both the Customer and the Company may have
access to certain products, information and materials
relating to the other party’s business, which may include
business plans, customers, software technology, and
marketing plans that are confidential and of substantial
value to either party, respectively, and which value would
be impaired if such information were disclosed to third
parties. Consequently, both the Company and the Customer
agree that it will not use in any way for its own account
or for the account of any third party, nor disclose to any
third part, any such information revealed to it by either
party, as the case may be.
The
Customer and the Company further agrees that each will
take every appropriate precaution to protect the
confidentiality of such information. In the vent of
termination of this agreement, there shall be no use or
disclosure by either party of any such confidential
information in its possession, and all confidential
documents shall be returned to the rightful owner, or
destroyed. The provisions of this section shall survive
the termination of the agreement for any reason. Upon any
breach or threatened breach of this section, either party
shall be entitled to injunctive relief, which relief will
not be contested by the Customer or the Company.
10. Refusal of Service
10.1.
The Company reserves the right to refuse or cancel service
in its sole discretion with no refunds.
10.2.
If any of these Terms of Service are failed to be followed
it will result in grounds for immediate account
deactivation.
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