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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@go4hosting.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. |