India Internets - Terms of Service POLICY AND SERVICE GUIDELINES India Internets provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met. FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on India Internets servers. Violation of these may result in termination/suspension of the account without prior notice. Content: All services provided by India Internets 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 statute. The subscriber agrees to indemnify and hold harmless India Internets from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all India Internets servers. This includes sites that may infer sexual content, or links to adult content elsewhere. India Internets will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to India Internets servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites Any Site that consumes 5% or more of system resources. Pornography of any form The sites that will often require 5% or more of systems resources includes: domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), domain accounts offering download files, running chat rooms, IRC Chats, Greeting Cards sites, mass mailing etc. If your usage ever exceeds five percent (5%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds 5 GB of bandwidth traffic can be terminated without prior notice. India Internets will be the sole arbiter as to what constitutes a violation of this provision. Traffic Usage All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Any domain that exceeds 5 GB of bandwidth traffic can be terminated/suspended without prior notice. Commercial Advertising - Email Spamming, or the sending of unsolicited email (any mail for which the recipient has not asked for) from India Internets server, promoting a web site hosted by India Internets by spamming from some other source or using an email address or domain that is maintained on India Internets servers as reference is STRICTLY prohibited. India Internets will be the sole arbiter as to what constitutes a violation of this provision and can terminate/suspend any account without prior notice. Chat Rooms We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. Background Running Programs India Internets does not allow running of programs in the background on its server without prior written authorization. IRC We do not allow IRC or IRC bots to be operated on our servers. Server Abuse Any attempt to undermine or cause harm to a server, or customer, of India Internets is strictly prohibited. Backups Backups are made for server restoration purposes only. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the clients' responsibility to maintain local copies of their web content and any other information. If loss of data occurs, India Internets will attempt to recover the data but does not guarantee its recovery. IP addresses India Internets maintains, controls ownership of any and all I.P. addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP addresses. Refusal of Service We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of India Internets must adhere to the above policies. BILLING Recurring Billing: We DO NOT send out invoices. It is the clients responsibility to ensure that they make the payment before the expiry of their hosting period. In the event we do not receive the payment before the expiry of hosting period, the account will be deactivated and any accounts under that account plan will also be deactivated. Account Deactivations: Any account deactivated due to non-payment will be reactivated on payment of a reactivation fee of $20.00 apart from other dues prior to reactivating the account. **Please note: Domain Name Registration fees WILL NOT be refunded.** LIMITATION OF LIABILITY India Internets shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from India Internets servers going off-line or being unavailable for any reason whatsoever. Furthermore, India Internets shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of India Internets servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@indiainternets.com All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. DISCLAIMER India Internets cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by India Internets are resold. Thus, certain equipment, routing, software, and programming used by India Internets are not directly owned or written by India Internets. Moreover, India Internets holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as India Internets sees fit. ACCOUNT ACTIVATION Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer of India Internets. NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter. FURTHERMORE, India Internets retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. NOTICE **If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $200.00 Cancellation fee will apply. India Internets reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.