YOU MUST READ IT ALL BEFORE PURCHASE, WE CARE ABOUT OUR CLIENTS & OUR SERVERS, WE ASK THAT WHILST HOSTING WITH US, YOU PLEASE ABIDE BY THE FOLLOWING SIMPLE BUT NECESSARY HOSTING TERMS OF SERVICE.
1. You/your clients may not have any offensive material/images or language of any kind in publicly viewable pages, including but not exclusive to adult images/explicit language etc… However, you/your clients may do so IF you/they solely have such content in a membership only area. (e.g. password protected area) AND all members are warned of the content BEFORE joining;
2. You/your clients are not permitted to host any Online Games Websites, Video Host Websites, File Downloads Host Websites and scripts/images which are illegal or suspected to be illegal/copyright infringements, (including but not exclusive to illegal downloads, torrents, warez etc);
3. You/your clients are not permitted to host any websites/scripts/softwares which may be considered as a high security threat to our servers, (including but not exclusive to IRC scripts, out of date scripts, e.g. scripts which spammers can easily hack for spamming etc);
4. You/your clients are not permitted to host any websites which drain the server resources to the detriment of other users. Such a website will probably result in instant suspension and a request to move it elsewhere, or in very severe cases the website will be terminated without prior notice;
5. You/your clients are not permitted to offer free/paid downloads what so ever, or file downloads of a greater size than 2 MB each, Most Important you are not permitted to upload exe(Executable), Video files, MP3, ZIP, RAR files on our servers, and must NOT allow ANY uploads publicly through any of your/your clients websites as it’s a huge security risk to do so. Above mentioned files will be automatically deleted from the server by BOT, We do not take any responsibility for such files. However you can integrate You tube video and Streaming audio on you site but they should be hosted on other place.
6. You/your clients are not permitted to offer free/paid downloads what so ever and must NOT allow the public to upload files via any of your/your clients websites as it’s a huge security risk to do so, therefore file sharing sites are not permitted;
7. You/your clients are not permitted to offer ONE-OFF PAYMENT/LIFETIME hosting plans under any circumstances.
Your packages must be payable monthly/annually by your clients to you directly;
8. You/your clients may not offer free, or almost free hosting of any nature;
9. You/your clients may not copy any part of our site as this will be a very serious copyright infringement, but you MAY copy these TOS details BUT IN YOUR OWN WORDS. You must remember that you SHOULD be offering hosting packages as an individual entity from us, so potential clients will spot a copycat straight away whilst they are window shopping. Copyright infringement is ILLEGAL;
10. You must ensure you/your clients adhere to our TOS at all times, and check back here regularly for updates/changes;
11. You/your clients must not resell the FREE hosting templates offered, and are solely responsible for editing them for your own/your clients use. They are widely available on the internet (along with 1000′s more probably) and are given to you ‘as seen’ as a gesture of good will. Therefore we take no responsibility for whatever you choose to do with them We do not take any responsibility if you find that they are not fully functional – they have not been tested, just uploaded for your perusal. We did not write them or pay for them – they are FREE! ;
12. You agree to offer your own clients technical support as best you can. Our top priority is our obligation to our own resellers who have bought directly from us, rather than someone who has bought from you, one of our resellers. So to confirm, our top support priority is, as you’d expect, to our own client’s accounts first, i.e. technical support for your own hosting account. We can’t guarantee to offer the same superior level of support for enquiries from your clients, or your clients’ customers. We do understand that for some people, hosting is a learning curve and naturally we’ll help anyone and everyone whenever we can;
13. You/your clients agree that we are not responsible for migrating/transferring/uploading/editing any website contents whatsoever. Nor are we responsible for supporting third party scripts. We are hosting providers and are here to ensure the servers are running smoothly at all times. No accounts are supplied with any website contents and you are responsible for providing your own/downloading and editing any free templates offered to you free with your purchase;
14. We take no responsibility for any false claims YOU may offer your clients. We do not believe in such practices and would strongly advise that you do not mislead your clients in any way. It is highly illegal and action may be taken against you;
15. You/your clients agree that if the owner of a reseller account stops hosting with us for whatever reason and moves it elsewhere/deletes it/issues a chargeback/Paypal dispute or similar, Aditya Computers are in no way responsible for any accounts affected which were held under the affected reseller account. The reseller is solely responsible for their own clients, therefore Aditya Computers will in no way take over support for any clients left behind. All reseller accounts are treated as the sole property of the reseller and are trading independently of Aditya Computers, therefore if a reseller chooses to do something which adversely affects accounts under it, Aditya Computers take no responsibility for any loss of a financial nature or any other nature what so ever. The reseller will therefore be solely responsible for refunding their clients as they see fit.
16. Please note that SSH access is disabled on all client accounts because it is a huge security risk to enable it.
BY PURCHASING HOSTING SERVICES FROM US, YOU AGREE TO AND ARE BOUND BY OUR TOS. FAILURE TO ADHERE TO ALL OUR TERMS CAN RESULT IN INSTANT ACCOUNT SUSPENSION, AND IN SEVERE CASES, COMPLETE DELETIONS WITHOUT PRIOR NOTICE!
Please also be aware that in the rare event that there is a fault within your whm/cpanel reseller area, our technicians will of course do their best to fix it, but please remember they did not write the software…they rely on responses from the authors of the software and this can take time!
We reserve the right to update our T.O.S. at any time without prior warning. Any changes made will have immediate effect. Anyone contravening our T.O.S. will usually first receives a written warning unless stated above. If our T.O.S. are still being breached, further action may be taken on our part.
ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy (“AUP”) agreement between ADITYA COMPUTERS (“ADITYA COMPUTERS”) and the personal or corporate account holder (“YOU/YOUR/Customer”). ADITYA COMPUTERS provides World Wide Web Hosting, Marketing, and Development. ADITYA COMPUTERS has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. ADITYA COMPUTERS general policy is to act as a provider of Internet presence. ADITYA COMPUTERS reserves the rights to suspend or cancel a customer’s access to any or all services provided by ADITYA COMPUTERS when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of ADITYA COMPUTERS is strictly prohibited. ADITYA COMPUTERS will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to ADITYA COMPUTERS, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE – ADITYA COMPUTERS has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by ADITYA COMPUTERS to be unacceptable use of our services including abuse of server resources. WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness. Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE
ADITYA COMPUTERS will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on ADITYA COMPUTERS servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of ADITYA COMPUTERS Management (“MANAGEMENT”), with or without prior notice. If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (“PLAN”). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or ADITYA COMPUTERS has the sole decision to deactivate any and all servers. ADITYA COMPUTERS will be the sole arbiter as to what constitutes a violation of this provision.
The intention of ADITYA COMPUTERS is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or ADITYA COMPUTERS has the sole decision to deactivate any and all servers. ADITYA COMPUTERS will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation. ADITYA COMPUTERS takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages. NOTE – If YOU use the services of another provider to promote a website hosted by or through ADITYA COMPUTERS (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with ADITYA COMPUTERS at the time of a service outage. (2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – ADITYA COMPUTERS endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from ADITYA COMPUTERS to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via ADITYA COMPUTERS’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the ADITYA COMPUTERS NOC. ADITYA COMPUTERS’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the ADITYA COMPUTERS network. (3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, ADITYA COMPUTERS will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit:
? 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
? 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
? 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee (3b.) MANAGE DEDICATED SERVERS – For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer’s services during the month and the calculated actual level of availability of the Customer’s services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e-mail message to billingsupport@ADITYA COMPUTERS. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by ADITYA COMPUTERS. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage. (4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:
? scheduled maintenance as posted from time to time at ADITYA COMPUTERS,
? your behavior or the performance or failure of your equipment, facilities or applications,
? circumstances beyond ADITYA COMPUTERS’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, hacking, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
? YOU breaking any agreement policy in ADITYA COMPUTERS’s “Terms & Conditions and AUP” causing a machine to fail as a result. TECHNICAL SUPPORT BOUNDARIES
ADITYA COMPUTERS provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is ADITYA COMPUTERS neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with ADITYA COMPUTERS. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
ADITYA COMPUTERS installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web-servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within ADITYA COMPUTERS’s file-servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the ADITYA COMPUTERS’s servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is only available for ADITYA COMPUTERS’s SHARED-HOSTING customers.
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate ADITYA COMPUTERS policies persistently in email activities, YOUR account will be suspended and deleted.
BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. ADITYA COMPUTERS reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies ADITYA COMPUTERS to request for termination of services. All payment is in U.S. currency. ADITYA COMPUTERS will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All ADITYA COMPUTERS accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billingsupport@ADITYA COMPUTERS should you wish to change your anniversary billing cycle.
CANCELATION OF SERVICE
ADITYA COMPUTERS reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ADITYA COMPUTERS if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.). All of ADITYA COMPUTERS’s PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if ADITYA COMPUTERS is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers. All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.
PROMOTIONAL RATES & SPECIAL OFFERS
ADITYA COMPUTERS may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through ADITYA COMPUTERS’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use ADITYA COMPUTERS or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the ADITYA COMPUTERS network. If YOU use a domain name in connection with ADITYA COMPUTERS or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the ADITYA COMPUTERS network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ADITYA COMPUTERS will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly (i) grant to ADITYA COMPUTERS a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by ADITYA COMPUTERS under this Agreement and (ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
ADITYA COMPUTERS shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by ADITYA COMPUTERS. ADITYA COMPUTERS reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay ADITYA COMPUTERS prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the ADITYA COMPUTERS price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. ADITYA COMPUTERS reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from ADITYA COMPUTERS to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by ADITYA COMPUTERS) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to ADITYA COMPUTERS as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ADITYA COMPUTERS will reinstate YOUR domain name registration solely at ADITYA COMPUTERS discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar to ADITYA COMPUTERS YOU agrees to pay ADITYA COMPUTERS prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the ADITYA COMPUTERS price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
? No response from the Registered Name Holder or Administrative Contact
? Domain name in Registrar Lock Status
? Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer ADITYA COMPUTERS reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from ADITYA COMPUTERS to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by ADITYA COMPUTERS) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to ADITYA COMPUTERS as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ADITYA COMPUTERS will reinstate YOUR domain name registration solely at ADITYA COMPUTERS discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar away from ADITYA COMPUTERS ADITYA COMPUTERS reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
? No response from the Registered Name Holder or Administrative Contact
? Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
? Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and ADITYA COMPUTERS will not be held liable for the failure of a domain name transfer for any reason.
ADITYA COMPUTERS reserves the right to refuse service to anyone. YOU may only use ADITYA COMPUTERS server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3″. The designation of any materials as such described above is left entirely to the discretion of ADITYA COMPUTERS management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that ADITYA COMPUTERS may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL ADITYA COMPUTERS’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ADITYA COMPUTERS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST ADITYA COMPUTERS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ADITYA COMPUTERS AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ADITYA COMPUTERS’S SERVER. (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM ADITYA COMPUTERS’S SERVER.
ADITYA COMPUTERS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ADITYA COMPUTERS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ADITYA COMPUTERS ISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.