B. Indiabizzz Web Solutions Dedicated Server Customer Restrictions
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer server and any other requirement affected by the security breach.
Indiabizzz Web Solutions does not allows Dedicated Server customers the use of IRC in Indiabizzz Web Solutions Network.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer server to the Internet. The customer may request that the customer server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Indiabizzz Web Solutions Services
Indiabizzz Web Solutions's services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customer's account (including all billing data and the space on the particular Web server that Indiabizzz Web Solutions provides to customers);
any use by customers, or any access provided to customers by Indiabizzz Web Solutions , of computing, telecommunications, software, information, hardware, and equipment;
any act, or provision of any service, by Indiabizzz Web Solutions to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
any provision by Indiabizzz Web Solutions to customers, of any space, Internet connectivity, or electrical power;
any access or use related to the Indiabizzz Web Solutions's web site, including the web site itself;
any other service mentioned in the TOU;
any other service provided by Indiabizzz Web Solutions to customers, whether used or not;
any other Indiabizzz Web Solutions services that are used by customers, whether offered or provided by Indiabizzz Web Solutions to customers.
Ownership of Web Site
The legal owner of customer's web sites and accounts with Indiabizzz Web Solutions will be the individual or organization whose name is listed in Indiabizzz Web Solutions's database as the owner. Customers will fully cooperate with and abide by any and all of Indiabizzz Web Solutions security measures and procedures in the event of any dispute over ownership of customer's web sites and accounts with Indiabizzz Web Solutions .
Mysql Database Usage
Under Reseller Account , if any website use more Mysql database (above 100 mb ) .Then account has to be upgrade to Corporate Account or Higher Package.
Indiabizzz Web Solutions servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Indiabizzz Web Solutions services, all Indiabizzz Web Solutions customers certify that they and/or the organization they represent in procuring services from Indiabizzz Web Solutions are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by auspected terrorists as defined by the Constitution of India; and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. Of India.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Indiabizzz Web Solutions's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Indiabizzz Web Solutions's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Indiabizzz Web Solutions is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Indiabizzz Web Solutions urges its customers to assume that all of their on-line communications are insecure. Indiabizzz Web Solutions cannot take any responsibility for the security of information transmitted over Indiabizzz Web Solutions facilities.
Customers are required to use the Indiabizzz Web Solutions network responsibly. This includes respecting the other customers of Indiabizzz Web Solutions . Indiabizzz Web Solutions reserves the right to suspend and/or cancel service with any customer who uses the Indiabizzz Web Solutions network in such a way that adversely affects other Indiabizzz Web Solutions customers. While Indiabizzz Web Solutions may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Indiabizzz Web Solutions does not monitor its customer's communications or activities to determine whether they are in compliance with the TOU. However, when Indiabizzz Web Solutions becomes aware of any violation of the TOU or other user agreements, Indiabizzz Web Solutions may take any action to stop or correct such violation, including, but not limited to, denying access to Indiabizzz Web Solutions's services and equipment or to the Internet. In addition, Indiabizzz Web Solutions may take action against a customer or a customer of such customer because of the activities of such customer. Indiabizzz Web Solutions anticipates that customers who offer Internet services will cooperate with Indiabizzz Web Solutions in any corrective or preventive action that Indiabizzz Web Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Indiabizzz Web Solutions policy and Indiabizzz Web Solutions reserves the right to take any such action even though such action may affect other customers of the Indiabizzz Web Solutions customer.
Indiabizzz Web Solutions and its , affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that Indiabizzz Web Solutions has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any Indiabizzz Web Solutions Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Indiabizzz Web Solutions . Indiabizzz Web Solutions MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Actions Taken by Indiabizzz Web Solutions
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Indiabizzz Web Solutions will be the sole arbiter as to what constitutes a violation of the TOU. Indiabizzz Web Solutions reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Indiabizzz Web Solutions becomes aware of an alleged violation of its TOU, Indiabizzz Web Solutions will initiate an investigation. During the investigation, Indiabizzz Web Solutions may restrict a customer access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Indiabizzz Web Solutions may, at its sole discretion, restrict, suspend, or terminate a customer web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Indiabizzz Web Solutions will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Indiabizzz Web Solutions does not issue credits for any outages incurred through service disablement. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Indiabizzz Web Solutions .
Indiabizzz Web Solutions customers agree to protect, defend, hold harmless, and indemnify Indiabizzz Web Solutions , any third party entity related to Indiabizzz Web Solutions (including, without limitation, third party vendors), and Indiabizzz Web Solutions's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Indiabizzz Web Solutions , from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer use of Indiabizzz Web Solutions's services.
The Indiabizzz Web Solutions service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Indiabizzz Web Solutions expressly disclaims any representation or warranty that the Indiabizzz Web Solutions service will be error-free, secure or uninterrupted. No oral advice or written information given by Indiabizzz Web Solutions , its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Indiabizzz Web Solutions and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Indiabizzz Web Solutions may immediately terminate provision of Indiabizzz Web Solutions's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Indiabizzz Web Solutions in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Indiabizzz Web Solutions (INCLUDING, WITHOUT LIMITATION, Indiabizzz Web Solutions's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Indiabizzz Web Solutions , AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Indiabizzz Web Solutions's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Indiabizzz Web Solutions SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Indiabizzz Web Solutions SERVICES EVEN IF Indiabizzz Web Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indiabizzz Web Solutions's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Indiabizzz Web Solutions's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Indiabizzz Web Solutions OR Indiabizzz Web Solutions's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL INDIAN RUPEE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Indiabizzz Web Solutions may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Indiabizzz Web Solutions's services. Certain changes to Indiabizzz Web Solutions services may affect the operation of customer's personalized applications and content. Each customer is solely responsible, and Indiabizzz Web Solutions is not liable, for any and all such personalized applications and content.
Backup of Data
Indiabizzz Web Solutions is not responsible for any kind of data (files or any other kind of data lying in your account) due to any reason. In all shared and reseller accounts backups are maintained weekly and monthly but are not guaranteed. Customers are responsible for maintain there own backups in there systems. Indiabizzz Web Solutions does not provide any kind of compensation for lost or inappropriate / incomplete data or any other kind of data loss even if the issue is due to any technical failure or any negligence in the servers at Indiabizzz Web Solutions end. We are here to provide you whatever possible support in backups but we make no guarantee for the availability of same.
Third Party Licenses
Indiabizzz Web Solutions makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Indiabizzz Web Solutions makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Indiabizzz Web Solutions specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Indiabizzz Web Solutions liable in any way for the revocation of any license, which has been licensed to Indiabizzz Web Solutions . The use of the Technologies obtained from or through Indiabizzz Web Solutions , or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Indiabizzz Web Solutions Products
Any mention of non-Indiabizzz Web Solutions products by Indiabizzz Web Solutions , its employees, or any third party entity related to Indiabizzz Web Solutions is for information purposes only and does not constitute an endorsement or recommendation by Indiabizzz Web Solutions . Indiabizzz Web Solutions disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Indiabizzz Web Solutions products or services.
Indiabizzz Web Solutions's Intellectual Property
Customers will not, without Indiabizzz Web Solutions's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Indiabizzz Web Solutions's web site, and customers will not use any of Indiabizzz Web Solutions's trademarks, service marks, copyrighted materials, or other intellectual property without Indiabizzz Web Solutions's express written consent. Customers will not, in any way, misrepresent their relationship with Indiabizzz Web Solutions , attempt to pass themselves off as Indiabizzz Web Solutions , or claim that customers are Indiabizzz Web Solutions .
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Indiabizzz Web Solutions's services, either in whole or in part, without the prior written consent of Indiabizzz Web Solutions .
Minimum Age Requirement
Indiabizzz Web Solutions customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Indiabizzz Web Solutions customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Indiabizzz Web Solutions services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Indiabizzz Web Solutions's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Indiabizzz Web Solutions's services will be deemed null and void to the extent that Indiabizzz Web Solutions will not be liable in any way as a result of the Minor age or legal incapacity or the Minor use of Indiabizzz Web Solutions's services.
Governing Law and Severability
The TOU, and any other agreement for Indiabizzz Web Solutions services, will be governed by and construed in accordance with the laws of the State of Haryana, India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Indiabizzz Web Solutions will take place in Faridabad, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Indiabizzz Web Solutions agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Indiabizzz Web Solutions will not be liable for delays in its performance of the TOU or Indiabizzz Web Solutions services caused by circumstances beyond Indiabizzz Web Solutions's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Indiabizzz Web Solutions will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Indiabizzz Web Solutions and its customers. Each of Indiabizzz Web Solutions and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Indiabizzz Web Solutions services, constitutes the complete understanding and agreement between Indiabizzz Web Solutions and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Indiabizzz Web Solutions , the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Indiabizzz Web Solutions services is between Indiabizzz Web Solutions and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Indiabizzz Web Solutions .
Personal hosting is restricted for individual use such as resumes, portfolio, personal home page. It does not include blog / forum / video / audio hosting.
D. All Indiabizzz Web Solutions Customer Billing Policy
Indiabizzz Web Solutions accepts the following types of payment:
- Check/money order
- Credit card (VISA, MasterCard, American Express)
- Bank wire transfer
- Fund Transfer from bank accounts
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. You are responsible for directly updating, or notifying Indiabizzz Web Solutions , of any changes to your billing details.
Accounts that are past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Indiabizzz Web Solutions offers three Billing Cycles (terms) for hosting charges: Yearly (12 months), Quartely (3 months) and Monthly (1 Month). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the Yearly Billing Cycle for all of their charges.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged yearly. Additional items are non-refundable.
In order to insure uninterrupted service to your website, all plans has to be renewed. The customer has the sole responsibility to keep track of the expiry date and renew the services well in advance at least 10 days before expiry. It is not the responsibility of Indiabizzz Web Solutions to give you any intimations in advance. It is confirmed by you that the responsibility of renewing the service will lie with you. The renewal of your account is subject to realisation of payment by Indiabizzz Web Solutions . Payment of account fee after expiry date does not guarantee the renewal of account with Indiabizzz Web Solutions . Indiabizzz Web Solutions cannot guarantee the renewal of account, if the payment is made after expiry date. Renewal of services such as domains, ssl certificates etc, involve companies, on whose activities, Indiabizzz Web Solutions does not have control over. Hence, Indiabizzz Web Solutions is not liable for interruption in services, loss of data, loss domain names, ssl certificates etc.
Indiabizzz Web Solutions does not mail paper invoices or statements. Statements can be viewed and printed through members area.
Returned Cheque / Amount
Indiabizzz Web Solutions charges a Rs.200 fee for returned cheques. Customers that issue an cheque and is bounced will be required to submit future payments with a DD or money order.
Bank Account Payments
Indiabizzz Web Solutions charges Rs.50 for outstation checks, Account transfers.
Customers that wish to reactivate a closed account will be assessed a Rs.2000 reactivation fee. A Rs.200 fee will be assessed if Indiabizzz Web Solutions restores your data files to your reactivated account.
Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact Indiabizzz Web Solutions Billing Team at email@example.com with proper payment details and account details. Please be aware that there are no pro-rated refunds after the first 30 days of service. No refund is available for Indiabizzz Web Solutions Start Up Account in the event of cancellation.
Cancellation requests must be received by Indiabizzz Web Solutions a minimum of thirty (30) days prior to the end of your Billing Cycle.
Indiabizzz Web Solutions will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Indiabizzz Web Solutions as soon as possible.
Indiabizzz Web Solutions does not monitor, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Indiabizzz Web Solutions services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Indiabizzz Web Solutions reserves the right to cancel any account, at any time, without notice, for any reason Indiabizzz Web Solutions considers appropriate.
Indiabizzz Web Solutions(A Part of Global Solutions) policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.