Terms of Service

 

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. E-IndiaWeb will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spam/Bulk Mail

E-IndiaWeb has a “No Tolerance” policy on Spam and bulk mail. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to E-IndiaWeb customers. If a E-IndiaWeb server IP has become blacklisted due to spamming by a users domain name hosted on our servers, the violator will face immediate termination and no refunds will be given.

Denial of Service Attacks

“Stress testing” or purposely receiving DDoS/DoS attacks is not tolerated on our servers.

This also includes sending a DDoS/DoS or taking part in a DDoS/DoS from any E-IndiaWeb account, be it shared/reseller/vps or dedicated server. Any account found actively and knowingly sending abusive traffic will be immediately suspended and possibly terminated with no refunds given.

Offering/promoting/selling DDoS for hire services is not tolerated and will cause immediate suspension/termination.

Prohibited Material

The following material is not allowed on our shared and reseller hosting servers:

IRC related items
Proxy scripts
VPN scripts
Nulled or pirated software
Image or File hosting
Rapid Leech scripts
File sharing applications (including cloud apps such as: ownCloud, NextCloud)
PTC sites
Spam or bulk mail scripts
Hacking sites
Sites that promote illegal activity
Sites or forums that link to and/or distribute illegal content or copyrighted material
Sites that host or link to copyrighted material without proper consent
Bitcoin miners
Chatroom scripts
Auto-blog scripts or plugins
Social media (Facebook, Instagram, etc.) auto-post or auto-like scripts

Unmetered Bandwidth

Whichever service with E-IndiaWeb mentions unlimited bandwidth or space is considered to fall under “Fair Usage” policy. If we find the account is using an abusive amount of bandwidth, we will have no choice but to intervene which may result in account suspension. Similarly unlimited space is defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Shared and Reseller Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop/website or computer, files, or anything not directly related to the our consent). You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.

Suspended Account Storage

Resellers are not permitted to have any account in a suspended state for a period of more than 90 days. Since this falls under our backup storage policy and the storage of backups not being permitted in your account, any reseller cPanel sub-account found to be suspended for more than 90 days will be terminated in accordance with this policy. If you have a need for the account and it will be in a suspended state for more than 90 days, we suggest making a full backup of the account and storing the backup file remotely.

Reseller Plan Policy

Non-Exempt

All reseller accounts must abide by the same policies in our Terms of Service as any other account and are in no way exempt.

Free Hosting/Free Email

Resellers are not permitted to offer free hosting plans, free trial offerings or free email accounts with our reseller hosting plans.

Abusive Clients of Resellers

E-IndiaWeb reserves the right to suspend or terminate any reseller client account(s) we find to be abusive, illegal, etc. as per our regular Terms of Service abuse policy without prior notification based on the severity of the abuse.

Suspended Account Storage

Resellers are not permitted to have any account in a suspended state for a period of more than 90 days. If you have a need for the account and it will be in a suspended state for more than 90 days, we suggest making a full backup of the account and storing the backup file remotely.

Uptime Guarantee

E-IndiaWeb guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where eindiaweb.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber’s domain name, connection issues between the client’s location and eindiaweb.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that eindiaweb.com cannot directly influence.

Server Location

Data center Locations are subject to availability and choosing a specific location during your order does not guarantee that location. E-IndiaWeb reserves the right to substitute the chosen server location as necessary and/or move accounts to other server locations as needed.

Copyright Violations

The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All E-IndiaWeb customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a E-IndiaWeb customer (per the DMCA) to E-IndiaWeb must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at E-IndiaWeb sole discretion.

DMCA Copyright Infringement Notification Requirements:

Send the notification via email to: abuse@eindiaweb.com

Or submit a ticket to our Abuse department  The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

E-IndiaWeb is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that E-IndiaWeb will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that E-IndiaWeb must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that E-IndiaWeb may do so by disabling access to your entire web site or terminating your account.

Child Pornography

The use of E-IndiaWeb services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. E-IndiaWeb is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Disclaimer

The E-IndiaWeb 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. E-IndiaWeb expressly disclaims any representation or warranty that the E-IndiaWeb service will be error-free, secure or uninterrupted. No oral advice or written information given by E-IndiaWeb its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. E-IndiaWeb 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.

Modifications

E-IndiaWeb 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 E-IndiaWeb services. Certain changes to E-IndiaWeb services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and E-IndiaWeb is not liable, for any and all such personalized applications and content, except as expressly agreed to by E-IndiaWeb

Refusal of Service

E-IndiaWeb has right to refuse, cancel or suspend service at our sole discretion.

Third Party Providers

You agree that certain services may be provided by third party providers of E-IndiaWeb and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Abuse Towards Staff

E-IndiaWeb will not tolerate clients that are abusive towards our staff. This includes but is not limited to: Using abusive language or threatening a staff member. E-IndiaWeb reserves the right to decide what is considered abusive and immediately suspend or in severe cases, terminate clients that commit the abuse.

Grace Period

Accounts that are three (7) days past due will be automatically suspended. Accounts reaching (30) days past due are automatically terminated. When an account is terminated for non-payment, all files and databases related to the account are deleted and are not retrievable. 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’s fees, court costs, and collection agency fees.

Upgrading/Downgrading

Accounts/plans can be upgraded/downgraded at any time from our client area to any qualifying plan. Promotional codes do not support downgrades, so if a promotional code is active on the account it will be lost when performing any downgrade. Once removed, the promotional code cannot be re-added, so please be sure of your decision to downgrade your account/plan.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle.

Billing/Price Changes

E-IndiaWeb policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Credit Card Paypal Disputes/Chargebacks

e-IndiaWeb has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at E-IndiaWeb discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback.

Refund Policy

Refunds are only available in accordance with the 7 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days regardless of the billing cycle used and no prorated refunds for any unused time will be given. E-IndiaWeb has full power in judgment of providing refunds for our promotional offers.

There are no refunds given at any point for the following services:

Dedicated Server plans

VPS Server plans

Domain Registration/Transfer/Renewal

7 Day Money Back Guarantee

Each of E-IndiaWeb shared/reseller hosting plans carries a 7 day money back guarantee. If you are not completely satisfied with our services or support within the first 7 days, you will be given a full refund.