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General PRODUCT AGREEMENT
HostingInIndia (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)
entered into effective from July 29, 2008 this ” General PRODUCT AGREEMENT ”
WHEREAS Parent provides Web hosting related products and Domain Registration Services;
WHEREAS the Customer wishes to place an Order for Web hosting related products, and Domain registration services through the Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. Rights of Parent
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
2. Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below –
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent’s services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.
(11) Use more than 50% of the website’s disk space used by your Hosting order for storing emails.
(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
(13) Store more than two website backup files.
(14) Use more than 5GB per database.
Domain Registration, Renewal, and Transfer Terms
1.If an order is placed for domain registration or domain renewal and invoice paid, HostingInIndia is not responsible if registration fails or actual number of years not executed correctly. It is the responsibility of Registrant to check from whois records if the order is executed correctly. In all such Error HostingInIndia is only liable to refund the money.
2. If for any reason domain renewal fails, it responsibility of registrant to check whois records immediately after placing renewal order and bring it to notice of HostingInIndia, if registrant feels any discrepancy.
3. If registrant receives any automated mail regarding domain verification, renewal or expiry, it registrants duty to act and can seek guidance from HostingInIndia if required.
4.HostingInIndia is not responsible if for some reasons, automated mails like, Domain renewal notice, domain expiry notice, or invoices are not generated before they are due. It is the registrant who has to keep a watch for their domain with the help of whois lookup information.
OBLIGATIONS OF THE REGISTRANT:
(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the whois Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant’s failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order, the data element in the whois Database records shall prevail.
WEBSITE DESIGN AGREEMENT
2.General HostindInIndia will carry out work only where a written purchase order is provided by email or mail. HostindInIndia will carry out work only where 25% of the advance mentioned in quotation is paid upon acceptance of this proposal. Charges for the Domain name registration, Website Hosting space will be extra. Any Charges are not refundable at any cost. HOWEVER full refund is available within first 15 days if the work could be started for one or other reason. During the process of completing the project HostingInIndia will upload the work on hostinginindia servers so that client can look how the website is comming up and give us feedback from time to time for likes and dislikes. There will not be any hosting charges on this account till the project is completed You will be assigned a project manager for the project and requires your coordination for successful competition of the project. Maintenance charges will be free for first year. And additional charges will apply after laple of one year as mutually agreed. There will be the start and the end date of the project you will be required to provide all the content. The end date of the project may change if in case the required content is not provided by the client.
3.Changes to Website Website Design Though every effort will be made to ensure that the website and any work done by us is free of errors but HostindInIndia cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The web server, website, graphics and any programming code remain the property of HostindInIndia until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by HostindInIndia remain the copyright of HostindInIndia and may only be commercially reproduced or resold with the permission of HostindInIndia HostindInIndia cannot take responsibility for any copyright infringements caused by materials submitted by the client. Any additions to the brief will be carried out at the discretion of HostindInIndia and where no charge is made by HostindInIndia for such additions, HostindInIndia accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. HostindInIndia will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. HostindInIndia will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents
4.Database, Application and E-Commerce Development The Website is provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by law, HostindInIndia will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website. HostindInIndia makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
5.Severance If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
6.CONTENT You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through your use of the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Eidentiti is not responsible for the Content or data you submit on the website.