Terms of Services: Customer Compliance
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES FOR ALL OUR CUSTOMERS.
- Webtechnosys Having its registered office at 234, Barli House Ashapurna City, Pal Road, Jodhpur – 342001.
- ‘Customer’ shall mean a person (including any entity or association of person) who has subscribed to the services after completing the require formalities i.e. Making necessary payment etc.
III. The terms parent, “we”, “us” or “our” shall refer to Webtechnosys The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to our “branded services” i.e website design, photography, video production, social media marketing, search engine optimization, hosting, maintenance (Under strict responsibility of customer on data validity and authentication and we are not responsible of any liability or legal implications) and domain name registration services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- ‘Branded Services’ means website design, photography, video production, social media marketing, search engine optimization, hosting, maintenance (Under strict responsibility of customer on data validity and authentication and we are not responsible of any liability or legal implication) and domain name registration services.
- ‘IP Address’ Means operation of Internet Services Which required IP address (shared, static or dynamic) for hosting Services.
- ‘Domain Name’ are used to identify one or more IP addresses. For example, the domain name webtechnosys.com represents about a dozen IP addresses. Domain names are used in URLs to identify particular Web pages.
VII. ‘Web Hosting’ is a type of Internet hosting service that allows individuals and organizations to make their website accessible via the World Wide Web.
VIII. ‘ICANN’ is the Internet Corporation for Assigned Names and Numbers.
- ‘Business Day’, ‘Working Day’ refers to a working day between Mondays to Friday excluding all Public Holidays.
- ‘Account’ means an account opened with Webtechnosys for the registration of domain names or for hosting the websites and other related services and the payment for such registrations and other services.
- Reseller shall provide a link to the ICANN webpage that identifies available Registrant rights and responsibilities on the site where the Reseller operates for domain name registration or renewal http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
XII. Webtechnosys will not be answerable or responsible for any of the offence or breach of condition violate to the any cannons of law.
I. That, the Webtechnosys will provide and customer will purchase and pay for the ‘branded services’ according to the service fee specified in the order for the applicable service description. Customer acknowledges that service and service fee have been communicated to the customer and customer is aware about all applicable charges AND service agreement available on http://webtechnosys.com/disclaimer/
- Webtechnosys have rights to take decision for services will provide or not. And Order and Payment confirmation is not guarantee of services will deliver by Webtechnosys.
III. That, customer also agree to be bound by the service term available on our website http://webtechnosys.com/disclaimer/
IV. All payments failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices over due of 7 days. The Webtechnosys is not and shall not be responsible for data integrity, for any accounts that are terminated, disconnected or interrupted, because of customer’s failure to pay for Webtechnosys services. The customer further agrees to pay all taxes applicable to your account.
- Customer is also agree to our refund policy. All billing disputes will be reported within 5 days from the date of Order.
- That, the Webtechnosys will be entitled to get the extra charges according to the principal of escalation.
VII. That, the customer may voluntarily cancelled his account at any time, for any reason or for no reason, by sending email with subject cancellation at firstname.lastname@example.org , which will provided by the Webtechnosys www.webtechnosys.com. Once the customer has cancelled his account before the renewal date, no more charges will be recovered to the account. Cancellation on or after renewal will be charged renewal fee.
VIII. That, customer also agreed not to engage any activity which violates any international, foreign, federal, state or local laws as applicable on date to the service terms describe in this TOS. The Webtechnosys reserves its right to discontinue services of the customer if it deems in its sole discretion, violates any condition of service including, but not limited towards TOS also.
- Webtechnosys is not responsible with store data by customers at its servers. They are not safe so kindly do not upload/use for store customer’s secure or private data. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority and if Webtechnosys is able to retrieves form servers.
- All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed.
- That, the Webtechnosys does not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in its efforts to promote good citizenship within the Internet community, Webtechnosys will respond appropriately, if Webtechnosys detects any inappropriate use of its service.
XII. If any one customer’s websites, domain, VPS, Dedicated, Shared hosting, Reseller hosting, email services hack/misused by other people then Webtechnosys are not responsible. Customer is responsible for check all data time to time on websites, domain, VPS, Dedicated, Shared hosting, Reseller hosting email or etc services.
XIII. The customer, as Webtechnosys customer, is solely responsible for the content stored on and served by customer’s Webtechnosys server or data space provided. The customer is responsible for any misuse of customers account, even if the inappropriate activity was committed by a family member, guest, friend, customer’s employee, 3rd party or hackers. Therefore, customer must take proper steps to ensure that others do not gain unauthorized access to customers account. In addition, customer may not use its account to breach security of another account or try to gain unauthorized access to another network or server.
XIV. Invoices will be sent at the billing email address of the customer as mentioned in the registration form.
If you are not completely satisfied with our ‘Branded Services’, and you notify Webtechnosys in writing via email within the first 30 days of your contract that you wish to cancel, you will be given a full refund of the contract amount, excluding setup fees and overages. If a refund is due, you will be notified by email; it can take up to 30 days after cancellation of your contract to receive your refund.
Availability of Services
Webtechnosys is give assurance to provide the Services for twenty four (24) hours per day, seven (7) days per week throughout the term of this TOS and our support time between 11.00 AM to 6.00 PM on working days. The customer is agree, that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation as followed :-
- Equipment malfunctions
b. Periodic maintenance procedures or repairs that Webtechnosys may undertake from time to time
c. Causes beyond the control of Webtechnosys or that are not reasonably foreseeable by Webtechnosys including, without limitation, interruption or software error or Operating System error or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
You acknowledge and agree that we have no control over the availability of this Site or the Service available at this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
- That, the Webtechnosys shall not be liable in any circumstances for any direct and indirect, incidental, special or consequential damages, punitive or exemplary damages or for any loss of profits, loss of revenue, loss of use or loss of data resulting from the use of Webtechnosys services by customer or any third party, regardless of the form of action or theory of liability.
- The Webtechnosys will not be liable for any loss In any event of of data resulting from delays, non deliveries, misdeliveries or service interruptions. It is also clarify that Webtechnosys provides services and products as is without warranty of any kind, whether express or implied.
III. The Webtechnosys does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or material assessed through its services.
- That, the Webtechnosys shall not be liable or deemed to be in default for any delay or failure in performance under this TOS or interruption of service resulting directly or indirectly from acts of the God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbance, insurrections, accidents, fire, explosion, earth quakes, floods, the elements of strike, labour disputes, shortage of suitable parts, material, labour or transportation, magnetic interference, interruption of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunication or wireless service and any cause beyond the reasonable control of the Webtechnosys
- That, if the customer gives her/his website, ftp password, e-mail password or other password to any other person, company or relative and representatives, than upon unauthorized access,misuse, data loss or any corrupt activities, the Webtechnosys will not be responsible in any manner.
- That, the Webtechnosys will not liable for any problem with e-mail, database services, with E-mail Delivery time/non delivery/ any things.
VII. That, the customer is also agree that the Webtechnosys . has no control of availability of the services continues or uninterrupted basis. The customer further agrees that as a normal course of its business, it may be necessary for Webtechnosys to migrate its servers. As a result, even though customer may have a dedicated IP, Customer may be assigned a different IP numbers. The Webtechnosys does not warranty that customer will be able to consistently maintain customers given IP numbers.
VIII. It is made clear that the customer shall be solely responsible for providing, updating, uploading and maintaining its website and any files, pages, data, works, information or materials, displayed, linked or transmitted to, from or through customer’s website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, e-mail or other massages, meta tags, domain names, software and text.
- Maintenance services provided webtechnosys is under strict responsibility of customer on data validity and authentication and webtechnosys is not responsible of any liability or legal implication arise out of maintenance.
Acceptable use Policy
An Acceptable use Policy (AUP) is necessary to ensure our hosting servcies and branded services are used fairly and our services operate reliably for all our customers. Resources provided on our hosting services are governed by this AUP. We reserve the right to impose reasonable limits to reduce your usage or pair you with other users utilizing the same or nearly the same amount of usage if we believe your excessive usage is affecting Webtechnosys services/systems or other users.
The client whom, in our reasonable opinion that have breached this AUP will be contacted by EMAIL and ask to upgrade his/her plan to a new dedicated server plan to reduce their excessive usage utilization. AUP may also suspend that client account prior to notify that client if that action is needed to bring stability to our systems/servers. Client suspensions prior to notification by Webtechnosys is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
Hosting Restrictions at Webtechnosys
- All users are restricted to 15 concurrent MySQL connections.
b. Each Database & Email Mail Box Size not more then 25 MB.
c. Database queries should not exceed 3,500 per hour.
d. Database changes (insert/update/delete) should not exceed 1,200 queries per hour.
e. Database servers should not be used as a hosted solution. Database access should only be used for the web site hosted by Webtechnosys .
f. Remote database access is for administrative purposes only.
g. Our Email attachment limit is 10 MB, you are now allowed to send files in excess of 10 MB.
h. The limit of of outbound mail is set to 25 recipients to maintain the server performance. You are allowed to send maximum 50/mails/hour from your domain.
i. POP connections are limited to 60 per hour.
j. SMTP connections (outbound email connections) are limited to 50 per hour per server account.
k. Mailing lists larger than 300 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
l. Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended.
m. We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
n. No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.
o. We are not allowed many file ext on server like that mp3, wave, video files, sound files, psd, cdr etc.
You will not use Webtechnosys Services (as determined by Webtechnosys in its sole and absolute discretion) that :
a. Pornographic, obscene or excessively profane content
b. Content intended to advocate or advance computer hacking or cracking
d. Illegal activity
e. Drug paraphernalia; or
f. Hate, violence or racial or ethnic intolerance.
g. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
h. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Webtechnosys Services.
That, there will be following restrictions on the all services of the Webtechnosys by the customer :-
a. Customer may not operate Internet Relay Chat (hereinafter referred as “IRC” in short) servers using Webtechnosys services.
b. Customer may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, customer must comply with the rules and policies established by that IRC’s service administrator.
c. Customer must not use any programs that may or will interfere with another’s use of this site or any Webtechnosys services.
d. Customer may not run any background processes on the Webtechnosys servers, networks, or systems without prior written authorization from Webtechnosys .
e. Customer may not use any Webtechnosys services to send denial-of-service attacks to any computer or network, or to “flood” any computer or network.
f. Customer may not host any type of HYIP, auto surf, proxy, or bit torrent on Webtechnosys servers.
g. Customer may not use any Webtechnosys services to make available to third parties for any use other than normal access to that account’s Web site.
h. Customer may not use service of the Webtechnosys to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended.
i. Customer may not use service of the Webtechnosys to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting.
j. Customer may not use service of the Webtechnosys as an offsite file storage area for any files. Any use of Webtechnosys services is strictly intended for that account’s Web site only.
h. Customer may not use Webtechnosys Email services for send bulk, spam, promotions e-mails.
That, If Webtechnosys account is used to violate the Acceptable use Policy or its terms and conditions, the Webtechnosys reserves the right to terminate its service without notice. The Webtechnosys prefers to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable use Policy will result in immediate termination of service. The failure of Webtechnosys to enforce this policy, for whatever reason, shall not be construed as a waiver of its right to do so at any time.
Webtechnosys reserves the right to add further restrictions to customer’s use of the Webtechnosys services
Backup & Restore Policy
Webtechnosys will make every reasonable effort to protect and backup data for client on a regular basis for Shared & Reseller Hosting Customer, And if order backup services with VPS or Dedicated Servers.
I. It is also duty of the customer for maintaining his/her own backups or own personal computers, other computers or safe palace.
II. That, if the occasion arises for need to recover data from a backup, the Webtechnosys will make reasonable efforts to restore the data of the customer in the account from the appropriate backup, however it will be constructive notice to the customer that this service is intended to compliment customers own backup to the computer of the customer, it is not a substitute for those backups, suffice to say that Webtechnosys does not guarantee availability, completeness, currency or integrity of its backups.
III. The customer is very well aware about this condition that backup policy does not create any warranty for whose breach, Webtechnosys can be held liable.
IV. The Webtechnosys does not or will not provide any sort of compensation for lost, inaccurate, incomplete or outdated data in the event that Webtechnosys backups do not function properly, regardless of the reason for any such malfunction, even if the malfunction was due to the fault or negligence of the Webtechnosys or any of its employee and agent, the Webtechnosys had been informed of the possibility of such malfunction, any fault or negligence, which might cause to it.
I. That, the customer will not act against the terms and conditions of this TOS, nor it is permissible under the law. The customer will always work and use the services of the Webtechnosys with the entire satisfaction and knowledge of the Webtechnosys . The customer will not involve any such activities which harm to the Webtechnosys in any manner, even customer will not be allow to do anything in shelter of the Webtechnosys without prior information and permission in writing.
- That, the customer will comply with the all terms and conditions of the TOS as mentioned above, if he acts contrary to the terms and conditions of this TOS, than the Webtechnosys will be entitle to get the damages and compensation from the customer. That, the Webtechnosys reserves the right at its discretion to make changes to this policy at any time. Please review website of Webtechnosys periodically for changes. If customer has any queries concerning the above stated terms and conditions then contact with Webtechnosys .
III. Webtechnosys supports the protection of intellectual property. If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or a copyright claim for material on which you hold a bona fide copyright, please send email at email@example.com.
- Webtechnosys expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Webtechnosys in its sole and absolute discretion), including but not limited to the following:
a. to correct mistakes made by Webtechnosys in offering or delivering any Services (including any domain name registration)
b. to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts
c. to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations
d. to comply with requests of law enforcement, including subpoena requests,
e. to comply with any dispute resolution process
f. to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
g. to avoid any civil or criminal liability on the part of Webtechnosys , its officers, directors, employees and agents, as well as Webtechnosys affiliates, including, but not limited to, instances where you have sued or threatened to sue Webtechnosys .
- Webtechnosys expressly reserves the right to login in any client server provided by Control panel Web due to check logs, errors or other issues like abuse etc.
VII. Webtechnosys expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
VIII Webtechnosys expressly reserves the right to terminate, without notice to you, any and all Services where, in Webtechnosys sole discretion, you are harassing or threatening Webtechnosys and/or any of Webtechnosys employees.
The laws of the Republic of India shall govern this agreement
In any event of dispute the area of Jurisdiction would be Jodhpur, INDIA only.
- User expressly agrees that use of Webtechnosys is at user’s sole risk. Neither Webtechnosys its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Webtechnosys will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Webtechnosys or as to the accuracy, reliability or content of any information, service, or merchandise provided through Webtechnosys
- Webtechnosys is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Webtechnosys does not warrant that defects would be corrected or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Webtechnosys ) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. User specifically acknowledges that Webtechnosys is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.
- In no event will Webtechnosys or any person or entity involved in creating, producing or distributing Webtechnosys or the Webtechnosys software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Webtechnosys User hereby acknowledges that the provisions of this section shall apply to all content on Webtechnosys
- In addition to the terms set forth above, neither Webtechnosys nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or unseemliness or unauthenticated of, the information contained within Webtechnosys or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Webtechnosys nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
In case you require any further information please mail us firstname.lastname@example.org