Terms
& Conditions
- 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
- 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.
- 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.
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- 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.
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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.
- 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 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.
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- 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. |
- 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. |
- 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.
- 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.
- 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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