Aboundindia Terms of Services
The Terms of Service (TOS) are the rules and
regulations that specify guidelines for using our hosting services. All use of
our hosting services is subject to these terms. Please read them carefully and
ensure that you understand and agree to all parts. Use of Aboundindia's services
implies agreement with these terms!
Any questions regarding this
agreement should be sent to Aboundindia's sales department prior to signing up for
service.
Aboundindia Hosting Netowrk - provides web hosting
to people all around the world. We have the responsibility to protect
each client and provide them with the best service possible. The following
guidelines were designed to ensure that our services remain of the utmost
quality.
- Content & Online Activity
All services provided by Aboundindia
may be used for lawful purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any United States Federal,
State or City law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene, or
material protected by trade secret and other statue. The subscriber agrees to
indemnify and hold harmless Aboundindia from any claims resulting from the use of
the service which damages the subscriber or any other party.
Examples
of non-acceptable content or links
- Pirated software
- Bulk Email related products
- Hacking/cracking related websites
- Warez and/or copyrighted MP3s
- Illegal material or material that is against public policy
- Sites containing or linking to material that may be considered detrimental
to the public health, safety, or welfare. (Such as, but not limited to:
Anarchists Cookbook, bomb making, weapon information, or anything else that may
be considered detrimental or illegal.)
Adult content Allowed:
Legal adult content is permitted on
all Aboundindia products. The viewing/downloading or possession of such
information/data by Aboundindia clientele is not governed by Aboundindia policy, and
is at your own discretion/free-will, and may be governed by your state/federal
government.
Aboundindia will be the sole arbiter as to what constitutes a
violation of this provision, and reserves the right to deactivate and remove any
site at any time for any reason without refund!
Bulk Email: We understand that bulk email is an
important mechanism for keeping people informed. However, spamming (unsolicited
advertising), from the Aboundindia network, or spamvertising (unsolicited
advertising of) sites hosted on our network is STRICTLY prohibited.
Legitimate bulk email meets the following
criteria:
1) The recipient has confirmed his willingness to be
added to the distribution list of the mailing, by responding to a verification
email, or, otherwise, verifiably confirming permission. (Evidence of such must
be retained and available by request.)
2) Messages include: Valid headers,
removal instructions, and information on the method by which the subscribed
address was obtained.
All bulk email senders must post privacy policies,
in association with the sending domains. Co-registration is not prohibited, but
explanations of the sharing of information must be both publicly available and
included in the confirmation mechanism for list subscription.
If Aboundindia approaches a client for evidence of confirmation, this request must be
honoured within 24 hours. Failure to meet the acceptable criteria for bulk mail
may lead to immediate suspension.
Failure to respond to ABUSE notice,
within 24 hours, may result in service interruption and a $50.00 fee.
Additionally, if such actions have caused mail servers or IP address
ranges on the network to be blacklisted, Aboundindia reserves the right to assess
a $200 charge to the customer account. This fee is set to cover administrative
costs associated with removal from such lists.
Please make an effort to
limit outgoing mail on your account to no more than 1000 pieces per hour.
- Accounts: Payments & Cancellations
Aboundindia will bill
the the Customer on the first day of each Billing Term. All fees are billed in
United States Dollars ($ USD). Any account not paid in full by the end of the
first day of the Billing Term will be suspended and a Late Fee of 10% of the
invoiced amount in USD will be applied to the account everyday. Aboundindia is not
responsible for any damages or losses (including, but not limited to, loss of
profit and loss of data) as a result of suspension or termination made due to
non-payment.
Any Customer that initiates a chargeback, reversal,
retrieval request, or other bank assisted dispute will be immediately suspended
or terminated. Administrative fees up to $50USD for every chargeback alert and
service charges upto $100 USD on actual chargeback may be billed to the
customers.
Cancellation of the service should be done by submitting a
support ticket to our Sales Department. Invoices for the next month are
generated 10 days before the due date. And all the cancellations must be done at
least 5 days prior to that. Else you will be invoiced for the next month.
New Accounts will be setup in 48 hours. However, setup time may be more
than 48 hours depending on the hardware availability, requirements and other
factors. Customer can contact Sales anytime for the order status.
- Copyright Violations
Copyrighted material must not be placed
on Customers' accounts without the permission of the copyright owners or people
that are specifically authorized by the copyright owners. Only copyright owners
or people specifically authorized by them may upload copyrighted material to the
account.
Upon our receipt of a notice of a claimed copyright
infringement containing the above information, after confirmation we will
promptly remove the allegedly infringing material from the Services and carry
out further procedures if necessary. We will assume no liability to any Customer
of the Services for the removal of any such material.
Aboundindia will
respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable
copyright laws. Notices of infringement that do not comply with this act will
not be processed. We will act in accordance with the DMCA when handling
infringement reports.
- System Resource Usage
If Aboundindia's system administration
team determines that a customer's account is utilizing an unacceptable amount of
system resources (including but not limited to HardDisk, RAM, Processor, IP
Addresses ... etc), Aboundindia may temporarily deactivate the account in
question. If Aboundindia's staff deems necessary, an eviction notice may be sent
to the customer of an offending account providing them with ten (10) days in
which to either upgrade to a new server or locate a new provider. This only
occurs in extreme cases.
Aboundindia will be the sole arbiter as to what
constitutes a violation of this provision. Because of the nature of this
provision, each account will be considered and analyzed individually.
- Domain Parking Circumvention
Any attempt to circumvent domain
parking restrictions by using selective HTTP redirects or any other method to
send traffic from parked domains to sites other than the main site is strictly
prohibited. If multiple domain names with separate content are required, domain
pointers must be used instead.
- Background Running Programs (bots/daemons/monitors)
These
programs, named cron jobs, can be continuingly run in the background. Their
provision suggests additional fee in accordance with system resources used and
operational maintenance involved, if needed. Generally, Aboundindia avoids placing
complementary charges upon customers, providing the CronTab service that is
integrated in the hosting cPanel. All background operations / processes, beside
the aforementioned cron jobs, are strictly forbidden.
- Backups
Aboundindia's hosting accounts include a nightly backup
service, however these backups are for Aboundindia's administrative purposes only,
and are in NO WAY GUARANTEED! Customers are responsible for maintaining their
own backups on their own personal computers. Aboundindia does not provide any sort
of compensation for lost or incomplete data in the event that backups do not
function properly (even if the malfunction was due to negligence on Aboundindia's
part). We will do our best to ensure complete and accurate backups, but assume
no responsibility for this duty. Always back your site up to your personal
computer!
- Support Abuse
At Aboundindia, we always treat our customers
with the utmost respect. In return, we expect the same from you. If our staff
feels that you are consistently addressing them in a demeaning or rude manner,
your account will be suspended and you may be asked to take your business
elsewhere. You will be charged non-refundable amount of $100USD towards the TOS
violation fees. In the event that we terminate service for support abuse,
customers will be given 12 hours notice to find a new host.
In case
there is excessive support usage then the customer will be billed regularly at
$65 USD per hour for future assistance.
- IRC (Internet Relay Chat)
We do not allow IRC or IRC bots to
be operated on our servers. Any account found to be in violation of this
provision will be immediately suspended and/or deactivated and no refund will be
issued.
- Shell Access
Shell access is provided on an as-needed basis.
It does not come enabled on accounts by default. A request for this feature must
be sent to technical support before it can be used. The request must include a
domain name, username and explanation of why shell access is required. We
reserve the right to refuse this service to any customer for any reason. This
service will be charged.
- Unsolicited Email (SPAM)
SPAMing, or the sending of
unsolicited email, from a Aboundindia server or using a return email address that
is maintained on a Aboundindia server is STRICTLY prohibited. Using SPAM to
advertise a site hosted on Aboundindia's network also constitutes as a violation
of this provision. Aboundindia will be the sole arbiter as to what constitutes a
violation of this provision. Sites found to be in violation of our SPAM policies
will be immediately deactivated and no refund will be issued.
- Server Abuse
Any attempts to undermine or cause harm to a Aboundindia server or customer of Aboundindia is strictly prohibited.
Aboundindia will be the sole arbiter as to what constitutes a violation
of this provision. Customers found in violation of this provision will be
subject to account deactivation without refund. Aboundindia will turn all
available information about abuse incidents, including customer contact data,
over to the proper authorities and press charges.
- Abusive Clientele
Aboundindia may at it's discretion suspend or
terminate service of any client that is abusive/harassing to Aboundindia and/or Aboundindia employees. Examples of such activity include, but are not limited to;
- Verbal abuse - cursing, yelling, threatening, etc...
- Ongoing disregard
for warnings or notices
- Consistent mistakes/errors/changes causing
unnecessary workload
- Spamming Aboundindia email addresses, ticket systems, or
servers
- Continuous involvement in flood/DDOS activity, hacked services, or
other ongoing non-permitted usage
- Consistent late payments or
responses
- Issuing a chargeback or bouncing a payment
- Continuous
activation of problematic end-users
- Activity which affects the service(s)
of other Aboundindia clientele
- Failure to Follow Policies
Failure to fully comply with these
terms is grounds for account suspension and/or deactivation (with or without
refund, subject to Aboundindia's discretion). Any accounts and/or servers
contained within Aboudindia's network must adhere to the above
policies.
We reserve the right to remove any account without prior
notice. If we deactivate your account for violating policy, you will forfeit
your rights to a refund--and none will be given. No refunds for advanced
payment.
Aboundindia reserves the right to deactivate and remove any site
hosted on our servers that contains any content that it deems in its sole
discretion to be unacceptable, undesirable or contraindicated.
Aboundindia Questions?
Write to sales@Aboundindia.com
Revision date: 10-05-2009 01:00 CET