AUP applies to all E-IndiaWeb Hosting
clients regardless of our locations.
Policies apply automatically to all E-IndiaWeb Hosting clients
upon subscription to the Services including subscription through
a third party or any commercial partner.
Customer agrees to use the Services only for lawful purposes, in
compliance with all applicable law.
The terms "we", "us" or "our" shall refer to E-IndiaWeb.
Specific activities that are prohibited include, but are not
limited to:
Threatening harm to persons or property or otherwise harassing
behavior.
Violating Canadian export control laws for software or technical
information.
Misrepresenting or fraudulently representing products/services,
If we recieve a DMCA for your site/clients site this is abuse to
our TOS if you are proven guilty.
Transmission, distribution or storage of any material in
violation of any applicable law or regulation.
Transmission, distribution or storage of any material protected
by copyright, trademark, trade secret or other intellectual
property right without proper authorization, and material that
is obscene, defamatory, an invasion of privacy or constitutes an
illegal threat, or is otherwise illegal.
Facilitating, aiding, or encouraging any of the above
activities, whether using E-IndiaWeb Hosting’s network or
service by itself or via a third party’s network or service.
Interference with a third party’s use of E-IndiaWeb Hosting’s
network or service, or ability to connect to the Internet or
provide services to Internet users.
E-mail
E-IndiaWeb Hosting has a STRONG anti-spam policy and applies it.
Spammers are NOT welcomed. This includes spamming through open
proxy servers or any other kind of unsolicited email
advertising. If a customer is found to be in violation of our
SPAM policy, E-IndiaWeb Hosting may, at its sole discretion,
restrict, suspend or terminate customer’s account. Further,
E-IndiaWeb Hosting reserves the right to pursue civil remedies
for any costs associated with the investigation of a
substantiated policy violation. E-IndiaWeb Hosting will notify
law enforcement officials if the violation is believed to be a
criminal offense. The customer acknowledges that he is
responsible for any and all SPAM related actions which come from
their account. The total limit of emails to be sent and received
per hour is 250. Sending unsolicited email messages, including,
without limitation, commercial advertising and informational
announcements, is explicitly prohibited even if the lists are
said to be opt-in. Customer will not use another site’s mail
server to relay mail without the express permission of the site.
It is strictly forbidden to send out unsolicited email from any
other network that advertises, promotes or in any way points to
a location inside E-IndiaWeb Hosting network. Sending
Unsolicited Bulk Email ("UBE", "spam") The sending of any form
of Unsolicited Bulk Email through E-IndiaWeb's servers is
prohibited. Likewise, the sending of UBE from another service
provider advertising a web site, email address or utilizing any
resource hosted on E-IndiaWeb's servers, is prohibited.
IRC Networks
It is absolutely forbidden to host an IRC server that is part of
or connected to another IRC network or server. Servers found to
be connecting to or part of these networks will be immediately
removed from our network without notice. The server will not be
reconnected to the network until such time that you agree to
completely remove any and all traces of the irc server, and
agree to let us have access to your server to confirm that the
content has been completely removed. Any server guilty of a
second violation will result in immediate account termination.
FREE Hosting Websites
It is absolutely forbidden to host an a website that offers free
web hosting on any E-IndiaWeb Hosting web server. Account owners
found to be in voilation of this rule will be warned and told to
take the site down. If the formentioned account offers such
services again, his account all accounts under him will be
immediately suspended and remain so for the rest of eternity.
The term “free” can and will be used liberally in describing
said services. For example, sites selling hosting for $0.01
sites selling hosting for $1.00 a year would fit into the free
category. E-IndiaWeb Hosting reserves the right to make
judgements on its sole discretion about which sites are
providing “free hosting”.
Domains
We make no representation that the domain name you wish to
register is capable of being registered by or for you or that it
will be registered in your name. You should therefore not assume
registration of your requested domain name(s) until you have
been notified that it has or they have been registered. Any
action taken by you before such notification is at your risk.
The registration and use of your domain name is subject to the
terms and conditions of use applied by the relevant naming
authority; you shall ensure that you are aware of those terms
and conditions and that you comply with them. You shall have no
right to bring any claim against us in respect of refusal to
register a domain name. Any administration charge paid by you to
us shall be non-refundable notwithstanding refusal by the naming
authority to register your desired name. >We shall have no
liability in respect of the use by you of any domain name; any
dispute between you and any other person must be resolved
between the parties concerned in such dispute. If any such
dispute arises, we shall be entitled, at our discretion and
without giving any reason, to withhold, suspend or cancel the
domain name. We shall also be entitled to make representations
to the relevant naming authority but will not be obliged to take
part in any such dispute.
Adult Content
Legal adult content must be published in accordance of any
applicable law or regulation. E-IndiaWeb Hosting reserves the
right to suspend any account publishing offending content.
Gambling Sites
We have no gambling site policy at this time as we lack exposure
to this. Proceed with caution and expect the worst.
Warez and Warez Linking/Torrents
Our servers are located in the US. Warez and Warez
linking/Torrents is strictly forbidden in US due to copyright
laws. Any accounts found having either will be terminated or
suspended with or without notice.
VPS/Resellers
All VPS do not come with any money back guarantee no matter if
you claim unused or used. Please understand setting up server's
take's time and money. E-IndiaWeb is not responsible for any
data lost or hardware failure or back ups on any VPS this is
your duty to ensure that you are backing up your data and your
client's data. All TOS apply to VPS client's as well. The
reseller/VPS customer is liable and responsible for all actions
of their account and sub accounts created by the reseller/VPS
customer. As the reseller/VPS customer you agree to accept all
responsibility and liability for your actions and the actions of
your sub users either directly or indirectly. Terms of Service
violations as a result of a sub user account being exploited
with or without knowledge will be the responsibility of the
reseller/VPS account holder. The reseller & VPS account holder
agrees to actively monitor their sub accounts to ensure all sub
accounts and their own account are abiding by all of
E-IndiaWeb's policies and Terms Of Service. The legal liability
and legal responsibility of the sub accounts of the reseller/VPS
belongs to the reseller/VPS customer. Run Scape bots and mine
craft are forbidden on any part of our network you will require
a dedicated server for this due to resource usage. Please note
we do not offer nor take back ups of VPS this is your duty and
anyone who uses the vps duty to ensure they are backing up the
data as we do not offer any back ups what so ever on VPS.
System and Network security / Backups
Customer is prohibited from utilizing E-IndiaWeb Hosting
services to compromise the security or tamper with system
resources or accounts on computers at the Premises or at any
third party site. E-IndiaWeb itself secures it server's the best
we can but E-IndiaWeb is not responsible if your site or your
clients site has been hacked what so ever it is your duty to
make sure all script's that you are running are up to date to
avoid any exploits which could cause your site harm. E-IndiaWeb
will make all possible efforts to provide a backup mechanism and
keep complete backup copies of all shared hosting, reseller,
master reseller solutions. However, the customer or customer
"customers" must keep a personal backup copy of its software,
sites, databases and all hosted content. E-IndiaWeb should not
be held responsible of any loss of data or data corruption.
Backups will not be provided for accounts that have been
suspended or terminated or for any clients who have filed a
dispute regarding billing or for any reason unless otherwise
agreed to in writing by E-IndiaWeb.
Backup Limit
Any account using more than 20 gigs of disk space will be
removed from our off site weekly backup with the exception of
Databases continuing to be backed up. All data will continue to
be mirrored to a secondary drive which helps protect against
data loss in the event of a drive failure.
Use of, hosting, providing services to, or content pertaining to
but not limited to the following items: racist, facist, gender
hating material and anti civil liberties materials is prohibited
on E-IndiaWeb Hosting servers….You will be warned to take this
down. If our warnings are not heeded in a timely fashion you
will be suspended.
Specific activities that are prohibited include, but are not
limited to:
Threatening harm to persons or property or otherwise harassing
behavior.
Use or distribution of tools designed for compromising security.
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.
Unauthorized monitoring of data or traffic on any network or
system without express authorization of the owner of the system
or network.
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.
Intentionally or negligently transmitting files containing a
computer virus or corrupted data.
Resource Usage
E-IndiaWeb Hosting Shared Hosting: it is strictly forbidden,
without prior written authorization, to allow a third party or
the user of another web hosting service to use or access your
account’s resources. Without limitation, this applies to usage
of an account to provide public online services like statistics,
image hosting or any other service targeted to external web
sites. Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
E-IndiaWeb shared and reseller servers run Cloud Linux you are
allow 20 concurrent connections at any time, if you exceed this
your account will be affected not the server.
One Time Services
Refunds cannot be provided for One-Time services, this includes
Dedicated IP Addresses, Software Subscriptions, Labor, Setup
Fees, Late Fees, WHMCS, WHMCS Configuration, WHMCS Integration,
etc
Permissions
It is your/ or your client's or clients "clients" etc..
responsibility to ensure that scripts/programs installed under
your account are secure and permissions of directories are set
properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as
restrictive as possible. Users are ultimately responsible for
all actions taken under their account. This includes the
compromise of credentials such as user name and password. It is
required that you use a secure password. If a weak password is
used, your account may be suspended until you agree to use a
more secure password. Audits may be done to prevent weak
passwords from being used. If an audit "is" performed, and your
password is found to be weak, we will notify you and allow time
for you to change/update your password.
Rights Reserved
E-IndiaWeb Hosting reserves the right to modify this AUP at any
time without notice. Customer is responsible for all use of the
Services by itself, its employees, agents, contractors, invitees
and customers, whether such use is with or without the consent
of Customer. E-IndiaWeb Hosting can require a signed copy of
this documents.
Resellers In General
Resellers/Master Resellers/Alpha Resellers etc, if at any given
time you dislike our service and request a refund within 30
day's please know that you will not be refunded for WHMCS
License if your Reseller/Master Reseller plan came with it .
What's the cost per month that will be deducted for WHMCS
License ? $15.00 USD.
Late Fees / Overdue Invoices
If at any time, your hosting payments become past due, you will
receive a notification via email (to the most recently updated
email address on file) with instructions on rectifying the
situation. Please note that E-IndiaWeb.com holds the right to
deny access to and/or de-activate accounts hosted on our servers
of which have unpaid past due balances. Accounts are at risk for
suspension and termination of service or an added late fee if
payment for hosting is not received 6 days after the due date of
a total of $10.00 / INR 500 late fee. Shared/Reseller/VPS
Accounts 6 days past due will be assessed a late fee calculated
at $10.00 / INR 500 plus the balance due to re-activate service.
Violation
E-IndiaWeb Hosting, in its sole discretion, will determine what
action will be taken in response to a violation on a
case-by-case basis (Of your client's or "client's client's".
Violation of this AUP could also subject Customer to criminal or
civil liability. E-IndiaWeb Hosting may block access at the
router level to the Customer’s Equipment involved. If E-IndiaWeb
Hosting believes, in its sole discretion, that a violation of
this AUP has occurred, such action may also include, but is not
limited to, temporary or permanent blocking of access to
Customer’s Equipment or data, and the suspension or termination
of Customer’s services under this Agreement. E-IndiaWeb Hosting
may involve and will also fully cooperate with law enforcement
authorities in investigating suspected lawbreakers. E-IndiaWeb
Hosting and our Data Center have no obligation to provide
warnings under any circumstances and can terminate the account
without prior notice if the Customer violates this policy.
Reseller/Master Resellers, Alpha Resellers, Dedicated Servers,
VPS, Shared Hosting suspension, refund and late fee policy.
A common question we figured we should add in our Term's Of
Service is, If I'm a reseller or master reseller and my client
violates the Term's of Service will you suspend me as well? The
answer is no. How ever we will first contact you keeping you
aware of the issue and let you handle it but in any case that
you do not respond or take action E-IndiaWeb reserves the right
to take action and possibly suspend your client. It is your
responsibility to manage your clients and participate with us if
any Term's of Service have been violated. Resellers/ Master
Resellers we will not migrate any clients over for you, you are
capable of doing so through Zamfoo in your WHM you will notice
way down at the bottom in "plugins" Zamfoo Guide in red, in
there it shall explain how to migrate your clients over. In any
case we do decide to migrate clients for you please note there
may be a fee. This does not mean that if your a new customer
directly of E-IndiaWeb that we are not willing to migrate you
over including the current clients how ever if your a "master
reseller or reseller" then establish a new client who originally
was never with you with the first migration we did for you then
fee's may apply. All accounts which exceed the due date are
suspended after 4 days and terminated after 8 days, all accounts
terminated and suspended cannot be held retrieved unless other
wise agreed by E-IndiaWeb via ticket in your physical client
area located in our billing system. Late fees may apply and will
apply after the 6th day over due. E-IndiaWeb does generate
invoices 9 days early given you enough notice that you have an
open invoice how ever just because we state that don't rely on
this you should be well aware of your due date and its your duty
to ensure your accounts billing are up to date. If you have
requested a 30 day money back on our shared/reseller services
you may only take advange of this once so this means if you sign
up under shared hosting take advantage of our 30day money back
and then apply months, days, weeks later you are not eligible
for refunds. Dedicated servers and VPS servers are excluded from
any type of money back.
Refunds and Cancellations
If you have paid yearly for your account but cancel while having
unused months not yet paid for, the remaining unused amounts
will not be refunded. Customers have 30 days to request a refund
regardless of how many days, weeks, months or years you have
paid for. You must allow up to 30 days for credit and refunds to
be processed and applied to your account. You can only cancel
your account by opening a support ticket with our billing
department supplying your: Main account domain, username,
password. VPS Are excluded from the money back guarantees. If
your violate our terms of service refunds are not given under
any circumstances. If you open any disputes with any of our
payment processors we are allowed to suspend your account so we
can investigate. We reserve the right to cancel, suspend, or
otherwise restrict access to the account at any time with or
without notice. Refunds cannot be provided for any store credit.
WHMCSConfiguration/ WHMCS Upgrade / E-IndiaWeb T.O.S
WHMCS Configuration / E-IndiaWeb / WHMCS Upgrade will not issue
any refunds for work completed or started.
We will not store any back up's of any work performed unless you
have selected it upon ordering.
We are not responsible for any damanged/lost data.
We will provide you with your order within 24-48 hrs.
You must note while requesting us to Upgrade WHMCS, Changes to
template files other than the header and footer files may be
overwritten during the upgrade. ( Its your duty to have this
backup )
We are not responsible for any integration which doesnt meet
cross browser's due to your current coding.
Refund's do not include any domain purchases and any abuse
toward's our Term's Of Service void's any refund's. TOS also
applys for our Virtual Private Server's.
SLA
99.7% - 90% = 25% credit
90% - 89.9% = 50% credit
Anything below 89.9% = 100% credit for the month. Credit will be
declined for any ddos attacks/abuse/ hardware related issues in
which caused downtime. Credit will be applied for Network issues
which isnt interupted by abusers/attacks.