Bharatwebhost ("The Company" or "Bharatwebhost") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Customer agrees that it shall comply with and require its end users to comply with Bharatwebhost's TOS(Terms of Service) as well as Bharatwebhost's AUP.
All provisions of this contract are subject to the TOS (Terms of Service) of Bharatwebhost and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of India.
Note: Pornography and sex-related merchandising are prohibited on any Bharatwebhost server EXCEPT those on servers that have clearly stated that such content is allowed upon signing up. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Bharatwebhost servers or any other server on the internet. Links to such materials are also prohibited. All IRC or chat related activities are strictly prohibited EXCEPT by explicit permission of Bharatwebhost and can be cause for immediate account termination!
- Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Bharatwebhost shall have the right to terminate all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
- Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. By entering your credit card information in the Bharatwebhost billing system you agree to allow Bharatwebhost to capture funds from your card on your payment due date. For orders over Rs.5000 we may require written verification of authorization and a copy of the front of your credit card. The above applies to all accounts and services provided by Bharatwebhost.
- Payments and Fees: Service will be interrupted on accounts that reach 9 days past due. Service interrupted for nonpayment is subject to a Rs.50.00 reconnect charge. Accounts that fail to respond to legal requests within the time line given will be subject to immediate suspension and charged a Rs.5000 Administrative Fee. Accounts that are not collectible by Bharatwebhost may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than Rs.100 nor more than Rs.5000. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Accounts that are compromised are subject to an Administration Fee of Rs.2000
of admin time to investigate the issue. Accounts suspended for any reason are subject to a reasonable activation fee to be determined by Bharatwebhost, unless otherwise outlined in this agreement. By submitting your credit card information to Bharatwebhost you authorize us to process any invoices due on your account.
- Refund and disputes: All payments to Bharatwebhost are nonrefundable, unless a refund is requested during any applicable money back guarantee periods. This includes the one time setup fee and subsequent charges regardless of usage. Request for installation of free template nullifies money back guarantee period. Any setup and professional services fees are nonrefundable, even during money back guarantee periods. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or Paypal that, in Bharatwebhost's sole discretion, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Bharatwebhost an "Administrative Fee" of not less than Rs.100 and not more than Rs.5000.
- Unlimited Hosting: We don't have any strict limits on the amount of bandwidth or storage your account can use. We do have a limit of 50,000 inodes any single account can use. An inode is equal to 1 file or folder. The term unlimited does not apply to other resources such as CPU or RAM utilization.
- Failure to Pay: The Company may deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. It's the subscriber responsibility to keep up to date contact information. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: Request for termination of user accounts must be made through the Bharatwebhost Customer Support Center. Termination requests received will take effect immediately, that means you're not required to pay for web hosting plan fee for that month, if termination request is received after the fee charged in that month, which is not refundable, that means starting from following month you'll not be charged for web hosting fee. Subscription fees for additional services such as added space and bandwidth transfer will be charged for the entire month regardless of whether the request for their termination is received prior to the effecting of the said services.
- Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
- New Domains: Payment made for domain registration will not be refundable in all cases, including those that involve mistakes committed by any persons, Bharatwebhost staff or not, at any stage of the domain registration process. A confirmation e-mail will be sent to registrants within 24 hours of the submission of the domain name purchase order.
- Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Bharatwebhost will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
- Support Boundaries: Bharatwebhost provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Bharatwebhost provides support related to your services or virtual site physical functioning as well as best-effort support for select software systems. Bharatwebhost does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Bharatwebhost does not provide technical support for YOUR customers. Unless otherwise stated in the plan description or stipulated in this agreement, Bharatwebhost will not modify any files or databases on customer sites. Requests for free software installation must be made within 30 days of order.
- SPAM and Unsolicited Commercial Email (UCE): Bharatwebhost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Any email subscriber information must be obtained through a double opt-in methodology. Very simply this means that customers of Bharatwebhost may not use or permit others to use our network to transact in UCE. Customers of Bharatwebhost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- Violation of Bharatwebhost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Bharatwebhost will initiate an immediate investigation (within 48 hours of notification). During the investigation, Bharatwebhost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Bharatwebhost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Bharatwebhost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bharatwebhost will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of Rs.8000 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of Rs.25000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed Rs.5000 per hour that Bharatwebhost personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- Service Up Time Bharatwebhost uses several third-party server monitoring companies to ensure the best uptime tracking results. If you believe we have not met our uptime guarantee please contact us via our Customer Support Center with your evidence of downtime. If we can verify your results we will credit your hosting fees as follows: 500% of the downtime experienced below our uptime guarantee allowance. There will be a maximum credit of 100% of your monthly fee. Service credits must be requested within 14 days of the end of the month you are requesting credit for. Uptime is tracked by calendar month.
EXCLUSIONS: Scheduled Maintenance - Occasional server or network maintenance will be required. Bharatwebhost will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for uptime credits. Malicious Attacks - If a third party, not associated with Bharatwebhost, initiates a "Denial of Service" or other form of disabling attack against our servers or networks, Bharatwebhost will do everything in it's power to stop the attack, but cannot guarantee a resolution time.
- VPS & Dedicated Servers Dedicated servers must be canceled seven (7) days before your next due date. Cancellations must be received via a Cancellation Request in the Bharatwebhost Support Center. If an account is 2 days past due we will turn off access to the server. Accounts suspended for non-payment of an invoice may be subject to a Rs.100 reconnect fee. VPS & Servers are not eligible for any money back guarantee.
- Free Templates You are only granted rights to use each free template on one domain. We reserve the right to revoke that right at our discretion or at the request of the template developer. Requesting access to any free template voids any money back guarantees. Templates are provided without warranty and may not be exchanged. We do not provide technical support on the templates.
- Price Freeze Guarantee We guarantee that the price you pay for your service today will be the price you pay for as long as you have your package.
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.
Shared/reseller customers may not use more than 2% CPU daily, 2% memory daily, run more than 4 simultaneous processes per user, allow any process to run for longer than 15 CPU seconds, run any process that consumes more than 5% of available CPU at any time, or run any process that consumes more than 16 MB of memory. Databases are limited to 20 max user connections with a max query time of 5 seconds. Cron jobs must not execute more than once every hour and will be niced to 15 or greater.
System resource limits are intended for runaway scripts, processes requiring large CPU and memory requirements from slowing down the server and causing a drop in performance. Bharat Webhost reserves the right to make adjustments to these limits at our sole discretion. If Bharat Webhost takes corrective action, including suspension, cancelation or termination, the Customer shall not be entitled
to a refund of any fees paid in advance.
- IP Address Ownership: If Bharatwebhost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Bharatwebhost, and Customer shall have no right to use that Internet Protocol address except as permitted by Bharatwebhost its sole discretion in connection with the Services, during the term of this Agreement. Bharatwebhost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Bharatwebhost, and Bharatwebhost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
- IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a Rs.2000 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of Bharatwebhost.
- Bandwidth and disk Usage: Customer agrees that disk usage and bandwidth usage shall not exceed the limit per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Bharatwebhost will monitor Customer's bandwidth and disk usage. Bharatwebhost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Bharatwebhost's sole and absolute discretion. If Bharatwebhost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Bharatwebhost may, at its sole discretion, collect a deposit, in an amount determined by Bharatwebhost, against customer's credit card on file with Bharatwebhost.
- System and Network Security: Users are prohibited from violating or attempting to violate the security of the Bharatwebhost Network. Violations of system or network security may result in civil or criminal liability. Bharatwebhost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
You agree not exceed the following mail usage limits for shared, and reseller accounts:
Per Hour Maximum: 100 email messages
Per Day Maximum: 1000 email messages
Any mail usage exceeding the above limits or approaching limits are subject to policy enforcement by our Abuse Department. Mailing lists, email newsletters, single emails, and other types of messages are all counted in the global quota.
Notification of Violation
- Bharatwebhost is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet- related activities.
- First violation: Any User, which Bharatwebhost determines to have violated any element of this Terms of Service, shall receive an email, warning them of the violation. The service may be subject at Bharatwebhost's discretion to suspension, pending a User's agreement in writing to refrain from any further violations, or immediate termination.
- Second Violation: Users that Bharatwebhost determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
- Suspension of Service or Cancellation: Bharatwebhost reserves the right to suspend network access to any customer if in the judgment of the Bharatwebhost network administrators the customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which Bharatwebhost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. The customer will also not be credited for any fees if their account has been terminated.
- Bharatwebhost reserves the right to amend its policies at any time. All resellers of Bharatwebhost must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
- Indemnification: Bharatwebhost wishes to emphasize that in agreeing to the Bharatwebhost Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Bharatwebhost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Bharatwebhost or the bringing of any claim against Bharatwebhost by any third-party. This means that if Bharatwebhost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Bharatwebhost, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone and fax contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
- Bharatwebhost takes no responsibility for any material input by others and not posted to the Bharatwebhost Network by Bharatwebhost. Bharatwebhost is not responsible for the content of any other websites linked to the Bharatwebhost Network; links are provided as Internet navigation tools only. Bharatwebhost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- Bharatwebhost is not responsible for any damages your business may suffer. Bharatwebhost does not make implied or written warranties for any of our services. Bharatwebhost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions including equipment failure
- Responsibility for Content: You, as Bharatwebhost's customer, are solely responsible for the content stored on and served by your account.