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Terms of Use & Terms of Service

1. Introduction

This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of Azonic Infotech Private Limited, a Private Limited (the "Company") governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network and Customer data contained within. The Company believes it provides one of the best services in the industry, and provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at this website. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined.

2. Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, national, federal or non-Indian law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights 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. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company.

3.1. General

3.1. Services provided by Azonic Infotech Private Limited are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any local, state, national, federal or non-Indian laws or regulations. Failure to comply with this section will result in immediate termination of the Account without any prior information to the client.

3.2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.

3.3. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action.

3.3.1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer’s responsibility to alert Azonic Infotech Private Limited in writing to this fact as soon as possible. The Customer will be liable for any service charges accumulated by any action taken by the third party.

3.4. Azonic Infotech Private Limited considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be terminated as determined by the Company without any prior information to the client. Examples of unacceptable material include, but are not limited to:

3.4.1. Pornographic or adult material
3.4.2. Fraudulent activities of any kind
3.4.3. IRC and IRC related tools
3.4.4. Copyrighted material without explicit consent to use and/or distribute
3.4.5. Network/computer scanning or attack software
3.4.6. Exploits
3.4.7. Software licenses, license generation software, software “cracks”
3.4.8. Site mirroring
3.4.9. Upload services of any kind
3.4.10. Spiders of any kind
3.4.11. Computer viruses/malicious software of any kind
3.4.12. Proxy scripts or services
3.4.13. Ponzi or pyramid schemes
3.4.14. Pharmacy or pharmacy-like services
3.4.15. Racist, hateful, or harassing content
3.4.16. Hacking related information or services
3.4.17. SPAM of any kind
3.4.18. Requesting a billing charge-back or filling a payment dispute
3.4.19. Harassing, threatening or insulting Azonic Infotech Private Limited or its staff members

3.5. It's always recommended that client has to take the backup of the email, database and website content by their self, Azonic Infotech Private Limited will not be responsible for any data loss from our servers. Client has to take the backup of all the resources such as FTP Files, Database, Website Logs, Stats, Images, Photographs, Emails etc.

3.6. Any effort to link to, or provide material that is not owned by the Customer will result in immediate termination of the Account.

3.6.1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the termination of the Account at the discretion of the Company.

3.7. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation as per Section 3.2 and will result in termination of the Account.

3.4. Email

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"). Violation of this or any section of this Agreement will result in immediate account termination, as well as further penalties and refund ineligibility.

3.4.2. Sending UCE referencing an email address for any domain hosted by the Company;

3.4.3. Sending UCE referencing a domain or web site hosted by the Company regardless of the source of the email sender (otherwise known as spamvertising a web site);

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. Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.

3.4.10. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

3.4.11. 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.

3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

3.4.13. Activities which violate the additional email policies as are posted at Company web site plan descriptions.

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 not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.

4. Bandwidth & Utilization

In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.

4.1 The Company provides a generous amount of data transfer per account to our Customers so that they may create their Websites and have a significant amount of site visitors without having to worry about additional charges for traffic. While most Customers will not exceed their monthly data transfer limit we recognize that others may occasionally or consistently need more.

4.1.1. We request the customer to communicate with us immediately by their registered email id only on which we have sent the hosting account details. If customer will not be able to communicate with us within 30 days from the date when the first over usage notification was sent from our email server, then we will delete the website on the 30th day from the first access resource usage notice sent by email. Please take the backup of all type of Data from our server(s) before the deletion of your website or domain’s all your data of the service(s). After the deletion of the domain or website which means all the data (website files, ftp files, emails, received emails or sent emails stored on our servers, databases, and other if any which is not listed here); then in this case you as a Client or Customer will be liable or responsible for any kind of data losses or business losses. The all data under your domain name and web hosting will not be recoverable because we don’t store any data in any kind of backup if this has been deleted from our server. We Azonic Infotech Private Limited will not be liable in any ways or conditions for any such data losses.
4.1.2. Customer agrees to purchase additional monthly data transfer when their web site accounts exceed the monthly allotment during any month.
4.1.3. Customer may not use Customer's Website to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Website as a repository for file data transfer such as auction image hosting. Customer may not use Customer's Website for "Warez group" download transfers. The Company reserves the right to make this determination, in its sole and absolute discretion.
4.1.4. The storage and distribution of music format files via the Company network is prohibited if the Customer does not own the full copyright of such files. Distribution of music files even if the Customer has the copyright must be done solely via the Customer's web site and not through third party external web sites linking direct to the files for download. Customer must prevent the direct linking to such files from external sites through anti-leaching scripts or other means available on the Internet.
4.1.5. Customer is limited to 50 emails per hour per email user, and a total of 200 emails per hour total for a single domain.
4.1.6. The Company does not permit sites on the shared servers and virtual private servers that use more than 10% of system resources, or sites which in the Company's view are detrimental to the enjoyment of the Company services by the Company's other clients, or are in the sole and final judgment of the Company, detrimental to network or business operations. If at any time the Customer’s website generates enough data transfer to affect the performance of the other customer sites on the server, the Company reserves the full right to offer Customer the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to terminate the Customer’s web site.

The Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of the Company data transfer traffic plan in any detrimental way will at the discretion of the Company, have their sites canceled and/or removed from the servers and have service charges assessed.

The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Websites which the Company cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources as is posted on Company web site. Acceptance of these Terms of Services, and/or use of Company's services constitute an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.

5. Account Terms and Termination

5.1. We do not have any refund policy.

5.2. Customer account will be terminated for violation of policies without any prior notification to the customer.

5.4. It is the customers’ responsibility to maintain a valid and working email address with us at all times while service is being provided. All the notices are sent via email to the contact email of customer’s account which we will have in our records. It’s customer responsibility to update their email id with Azonic Infotech Private Limited. Failure to receive a renewal notice does not constitute grounds for nonpayment of renewal.

5.5. While Customer's services are deleted, company reserves the right to advertise on Customer's domains.

5.6. Customer shall pay the fees and other charges for Products and Services ordered which is sent by email to the customer’s email id at the time of order. Company reserves the right to change rates without notice; any changes in price will take effect upon renewal of the existing hosting account and immediately for new purchases.

5.7. Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discounts for future purchases if so made.

5.8. Customer agrees to pay INR 15000/- an hour fee for fixing any failing scripts that are found to be a Customer's error.

5.9. The Company reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:

5.9.1. Nonpayment of any charges due from Customer.
5.9.2. Breach of any term or condition of this agreement by Customer.
5.9.3. Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Website, whether or not such suit names the Company as a party or seeks any recovery from the Company.
5.8. It is the customer's responsibility to maintain an active email address and notify company of any changes to the account administrative contact. Failure to maintain accurate contact information and a working email address will prevent the Customer from receiving important account notices and information and in this case only client will be liable for any losses.
5.9. On our website we have listed the base cost and extra service tax and transaction charges will be sent to the customer email id once he will fill out the form on our website.
5.10. If the customer is getting any notification by email about the access resource usage (disk space, bandwidth, email, database and other resources which is not listed here); then immediately we will suspend the website (domain name). We request the customer to communicate with us immediately by their registered email id only on which we have sent the hosting account details. If customer will not be able to communicate with us within 30 days from the date when the first over usage notification was sent from our email server, then we will delete the website on the 30th day from the first access resource usage notice sent by email. Please take the backup of all type of Data from our server(s) before the account deletion/termination of your website (domain). After the deletion/termination of the domain or website which means all the data (website files, ftp files, emails, received emails or sent emails stored on our servers, databases, and other if any which is not listed here); then in this case you as a Client or Customer will be liable or responsible for any kind of data losses or business losses. All the data under your domain name and web hosting will not be recoverable because we don’t store any data in any kind of backup if this has been deleted from our server. We Azonic Infotech Private Limited will not be liable in any ways or conditions for any such data losses.

6. Indemnification of Provider/Relationship of Parties

6.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable legal advisors fees / advocate fees / attorney fees and costs of defense, for any matter arising from or relating to Customer's Website provided hereunder.

6.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher 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 on the web server.

7. Security/Software

7.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password and is responsible for maintaining login security.

7.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.

7.3. Customer agrees to maintain Customers' computing equipment responsibly, including running virus software.

7.4. Uploading a virus or worm or any harmful code or program of any kind to a Company server will result in instant account termination.

7.5. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a "Web host" issue.

8. Violation

Any attempt to undermine or cause harm to the Company server or another customer's Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

9. Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other part’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third part, nor disclose to any third part, any such information revealed to it by either part, as the case may be.

The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

10. Refusal of Service

10.1. The Company reserves the right to refuse service to anyone it so deems as a potential risk of violation of these Terms of Service.

10.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account termination or suspension and the Customer's website files and emails permanently deleted from our servers.

11. Disclaimer

11.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.

11.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.

11.3 We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.

We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.

We are not responsible for loss of customer content due to server or hardware failure. We do backup our systems daily, but cannot guarantee the content is up-to-date or can be recovered in the event of system or hardware failure. It is always the customer's own responsibility to have a full backup of their site at all times. There are no backups performed on dedicated or virtual systems.

We expect that our customers who provide web hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing up for services and therefore agreeing to the Terms of Service, customers indemnify us for any violation of the customer of the Terms of Service, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Terms of Service, the customer will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet.

11.4. The Company reserves the right to revise or change these Terms of Service at any time.

11.5. This Agreement shall be governed in all respects under the laws of the State of Delhi applicable to contracts made, accepted and performed wholly in Delhi, without application to principles of conflict of laws, and the Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Delhi.

Last updated: 19 February, 2011.

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