1. Introduction
The Company is in the business of web hosting, not marketing. We utilize your personal data for internal purposes only, contact information, billing information, technical information, usage information, and reseller information. The usage of this information is mainly to assure quality service for our customers, and of course, collect payment. On the other hand, visitor information is also used for internal purposes. We conduct research with this data to improve our marketing strategy. In addition, we will not use any of this information to sell data or spam users, customers, or visitors. The Company also stores all correspondence between the owner and our customers for record-keeping and historical service reference. It does engage computer tracking with the SOLE purpose of identifying illegal usage or fraudulent behavior of some individuals or organizations that may be trying to operate or are in operations on our servers.
2. Compliance with the Law
For the purposes of the following Spam policy, the company considers spam being any unordered or unexpected message by the addressee that has been transferred via email or in another way while applying electronic connection and/or telecommunication networks. The transfer or spread of such spam in large quantities is considered being a transfer of spam. Thus, it is strictly banned.
3. Prohibited Uses of Services and Products
During the usage of the service the customer obligates:
Not to email spam to the people, who have not revealed regard to receiving them;
Not to provide and not to propose the service under the application of which the third persons could spread spam;
To implement and support appropriate technical means that secure that any third persons do not spread spam;
Apply opt-in principle for any information sent via electronic means, and suggest effective means to refuse received spam;
Not to collect, store, publish and spread data (e.g. email addresses) under the aid of which the spam can be sent;
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, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, 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. Using or Hosting any kind of online booking system/IRCTC, government related or any website related to finance via any means, locally or via the Internet, on our servers then it shall be considered under the breach of T & C, Legal action will also be taken if we found it necessary with no refund policy.
3.1.4. 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.
3.2.11(a). IP geolocation databases can be incredibly useful, but the accuracy of each provider varies. ARIN is the source most IP address providers use, but IP assignments can change regularly as IP addresses are released and acquired. Companies can assign IP addresses to their users however they want and with little regard to geographic boundaries, making it hard to pinpoint a specific IP address's exact location. Consider carefully when picking a data source since the accuracy of IP geolocation data differs between providers.
3.2.11(b). We are currently in the "maxmind , ipip , ip2location "" these three mainstream database update IP location. So other providers data may vary due to no updation of details on time. So any other database providers data may not be considered for IP geolocation.
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.
3.3.3. There is No Refund Policy.
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. None of our servers come with Port 25 open except if bulk mailing server or any specific requirement with port 25 required with conditions before placing order with our sales executive.
3.4.10. Solicitations of mail for any other Email address other than that of the poster’s account or service with the intent to harass or to collect replies.
3.4.11. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
3.4.12. 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.
3.4.13. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
3.4.14. Customers will be charged a minimum $300.00 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 notwithstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
4. Indemnification of Provider/Relationship of Parties
4.1. 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.
4.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, 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.
5. Security/Software
5.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
5.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system, or customer of the Company.
5.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
5.4. Uploading a virus to a Company server will result in account termination, service charges, and/or prosecution.
5.5. Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1. Limitations
In no event shall Elastic Data Centers (OPC) Pvt Ltd (the company) have any liability whatsoever for damage, unauthorized access to, alteration, theft, or destruction of information provided to the company, distributed or made available for distribution via the services. The company and its sister consults branch shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if they have been advised of the possibility of such damages. In any event, the liability of the company, to you for any reason and upon any cause of action shall be limited to the amount actually paid to it, by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by the company, under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release Elastic Data Centers (OPC) Pvt Ltd, from any and all obligations, liabilities, and claim in excess of the limitation stated in this section
6.1. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
6.2. Interruption of Service
You hereby acknowledge and agree that Elastic Data Centers (OPC) Pvt Ltd, will not be liable for any temporary delay, outages, or interruptions of the Services. Further, the company shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
6.3. Maintenance
You hereby acknowledge and agree that Elastic Data Centers (OPC) Pvt Ltd, reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. The company will use its best efforts to notify you of pending maintenance however at no time is it under any obligation to inform you of such maintenance.
6.4. Backups and Data Loss
Your use of Elastic Data Centers (OPC) Pvt Ltd's servers and services is at your sole risk. The company is not responsible for files and/or data residing on your Server. While backups may be provided by the Company, You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your server and agree that it is your own (the Customer’s) responsibility to take backups of data residing on your server.