Web-site Content:

Your content will remain on your virtual or dedicated server and is not available to any other entity. You have the right to retain on your virtual or dedicated server: any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of WebIndya’s, any material that is, in WebIndya’s sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treaties. In short, WebIndya’s services may only be used for lawful activities.WebIndya does not allow connection to, or use of, any software or ‘bots’ for IRC or the reselling of ‘shell accounts’. These are deemed as a high security risks and if found will result in account suspension or termination with no refunds under any circumstances.

Pitting up material taken from other sites and sources (like magazines, newspapers, TV Channels etc.) without approval is strictly prohibited. The material includes text, images, videos, data or any other material which is not provided as “free to use” is used without the consent of the real owner of the content.

Pornography:

WebIndya has a zero tolerance policy on pornography. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. WebIndya does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network.

WebIndya reserves the right to deny service without cause for sites with adult content that we deem violates local, state, or federal law. WebIndya does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. WebIndya specifically retains the right to make the final decision in any matter relating to site content.

Network:

Our servers were designed to give you the maximum freedom of administration and access to the Internet at the lowest cost available. Our network usage is open to all WebIndya users. High Network traffic or throughput is not a problem at WebIndya, but extreme network traffic or extreme uploading and downloading can create problems. Your maximum throughput allowed by your website is an estimate of your usage. You are allowed to exceed your maximum usage if total usage at the end of the month will not cross the double what you have been allotted. If you know in advance due to advertising, publicity, or general interest that your throughput will exceed 2 times the amount allowable by your plan, please contact us in advance. This will ensure no downtime and maximum availability of your website at all times. We can upgrade you to another service plan or make other arrangements to save you money and to ensure your site is available at all times.

Cracking/Hacking:

WebIndya’s customers may not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your services without refunds.

Mass Mailing:

Our mass mailing rules also apply to mailing lists or mailing services you may contract with. Our policy is very clear and simple in this respect, we do not allow mass mailing of any kind from our server. It may be SPAM or not as per your view point. Our mail servers are tuned for normal business communication and not for bulk mailing. It does not matters if you have a huge client base and want to send a news letter to them. If you want to send bulk mail, please do not sign up with us. WebIndya strictly doesn’t allows any kind of mass mailing.

Spam:

WebIndya has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the WebIndya’s servers and/or network. Violation of the above terms will result in one or all of the following:

• A warning from WebIndya’s personnel by E-Mail or Telephone (if volume/severity of SPAM is low).
• NO warning from WebIndya (if volume/severity of SPAM is high).
• Removal of DNS for the advertised/originating site
• Temporary shutdown of the website/server or a block on outgoing mail
• Permanent disconnection of service WITHOUT REFUND..
• Immediate disconnection of service with no re-activation
  
  

If your actions have caused WebIndya’s servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be assessed a $1500 USD charge to your account and $200 USD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses.

Copyright Infringement and Software Piracy:

During the term of the hosting contract, WebIndya grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided in case of dedicated server, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly copy the Software installed on the dedicated server, except as is necessary to install on Hardware and for internal, archival purposes.

Backups:

We strongly encourage all of our customers to take their own backups on their own computers or CDs to ensure you have ready access to your data in the event, we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Please kindly take backups of your all files. Please maintain the back up of your all important mail by downloading them to your local email client like outlook express. We do not guarantee your backups IN ANY WAY.

IP Addresses:

WebIndya may assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of WebIndya or its network provider, are non-portable, and will be retained after service has ceased. WebIndya does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by WebIndya will result in a $250 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your account will be taken offline until the problem is resolved.

Security Services:

Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the methods of resolution under the acceptable use policy.

Suspension:

WebIndya specifically reserves the right to suspend network service to your account at our discretion. Suspension will only occur for violation of our Terms of Use, non-payment for services, or by request of legal authorities Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

Service Interruption:

Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. WebIndya agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will WebIndya be held liable for any financial or other damages due to such interruptions. In no event shall WebIndya be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

Limitation of Liability:

WebIndya’s liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to WebIndya under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall WebIndya be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if WebIndya has been advised of, or is aware of, the possibility of such damages.

Laws:
All disputes are subject to Chandigarh Jurisdiction.

Disclaimer of Warranties:

WebIndya specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by WebIndya, or information on WebIndya’s web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guarantee of performance, or contractual obligations. WebIndya also reserves the right to change prices for no reason, and at any time.

Any violations of the above policies will result in immediate suspension of services and/or termination of your service. By entering into a hosting contract with WebIndya you agree to be bound by these policies, terms and conditions.