Delhi Webstore Incorporated Dedicated Hosting and Colocation Terms of Service
Delhi Webstore, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Content
All services provided by Delhi Webstore,
Inc. are to be used for lawful purposes
only. Transmission, storage, or presentation
of any information, data or material in
violation of any State or Local law is
prohibited. This includes, but is not
limited to: copyrighted material, material
we judge to be threatening or obscene,
material that jeopardizes national security,
or material protected by trade secret or
other laws. The subscriber agrees to
indemnify and hold harmless Delhi Webstore,
Inc., from any claims resulting from the
subscriber's use of Delhi Webstore's
services which damages the subscriber or any
other party.
Examples of prohibited content or links include (but are not limited to):
- IRC Software
- Pirated software
- Hacking sites, programs or archives
- Warez Sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
Delhi Webstore, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of port scanning to be done on or from our servers or network.
Commercial Advertising - Email -
- Spamming, i.e. the sending of unsolicited email, from any Delhi Webstore server or any server located on the Delhi Webstore network is STRICTLY prohibited. Delhi Webstore will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Delhi Webstore.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Delhi Webstore customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any Liquidweb Inc.-hosted domain, or referencing any Delhi Webstore account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
- All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
You will be held responsible for all
actions performed by your account whether it
be done by you or by others.
All sub-networks of Delhi Webstore, Inc.
and all dedicated servers must adhere to the
above policies.
Bandwidth
Measurement and Overage Fees
As of August 11, 2004 all
bandwidth listings for Webmaster,
Professional and Enterprise dedicated
servers consist of the sum of incoming and
outgoing bandwidth allowance. Incoming and
outgoing bandwidth allowances are calculated
on a 50/50 split of incoming to outgoing
bandwidth based on the total bandwidth,
therefore the incoming and outgoing
bandwidth allowances are each half of the
total listed bandwidth. Any bandwidth usage
exceeding either the incoming or outgoing
bandwidth total will be billed at the rate
of 100 per GB over.
Dedicated Server
Support
Basic support and maintenance of
dedicated servers is provided at the
discretion of Delhi Webstore, Inc. In the
case of erroneous instances or support
issues extending beyond what we determine to
be within the realm of reasonable
assistance, support is priced as follows:
- Rs. 4000 per hour
Scheduled
Maintenance and Downtime
Delhi Webstore will use its commercially
reasonably efforts to provide services 24
hours a day, seven days a week. Subscriber
acknowledges that from time to time the
services may be inaccessible or inoperable
for various reasons, including periodic
maintenance procedures or upgrades
("Scheduled Downtime"); or service
malfunctions, and causes beyond Delhi
Webstore's control or which are not
reasonably foreseeable by Delhi Webstore,
including the interruption or failure of
telecommunications or digital transmission
links, hostile network attacks, or network
congestion or other failures. Delhi Webstore
will provide at least 48 hours advance
notice to the subscriber for Scheduled
Downtimes, and will use commercially
reasonable efforts to minimize any other
disruption, inaccessibility and/or
inoperability of its web servers. Delhi
Webstore has no responsibility for downtime
resulting from a user's actions. Also, the
100% network uptime guarantee does not apply
for shared accounts.
Refunds
Refunds will be posted for FULL months only,
with the exception of plans including a 30
day money back guarantee (shared hosting
only). Virtual Dedicated, Virtual Private,
and Dedicated servers are not included for
the 30 Day Money Back Guarantee. Notice of
cancellation must be given before the month
in question begins. Setup fee is NON
refundable. 600 will be deducted from the
money refunded if the user's domain was
registered via Delhi Webstore, Inc.'s free
domain registration method.
Any violation of Delhi Webstore, Inc.'s Terms of Service Agreement shall result in no refund.
Account Setup,
Termination, and Billing:
The account will be charged on the day the
order is processed, regardless of the
account billing date. The account will not
be charged again until the next month's
billing cycle. Billing dates are on the
first and 15th of every month.
Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Delhi Webstore, Inc.
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to Rs. 3500 in order to re-enable your account.
Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
Free Domain Name Registration: Delhi Webstore will register any available .com, .org, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.
Free registration is for the first year only, subsequent renewals are Rs 600 per year that the domain is renewed for.
If Free SSL Secure Certificate was chosen in lieu of the 5 free domain names (on Professional Plan promotional offer only) this offer extends to the first year the certificate is issued and is for new sign ups only. Payment for subsequent certificate renewal is the sole responsibility of the customer and must be made in advance prior to certificate renewal. Please contact support@liquidweb.com for renewal requests.
Courtesy
Services for Customers
All services such as backup and Cpanel are
provided for the courtesy of the subscriber.
It is the sole responsibility of the
subscriber to maintain the subscriber's own
backup of any data. Delhi Webstore, Inc. is
not responsible for lost data or for lost
data due to third party software that is not
maintained by Delhi Webstore, Inc.
programming staff. (Cpanel is not associated
with Delhi Webstore, Inc.)
Promotional Use
Delhi Webstore may refer to You, Your
company, or your logo's for promotional
purposes. Your company name, logos and the
services that were provided to the customer
by Delhi Webstore may be used in promotional
materials, advertising, marketing releases,
newsletter, public disclosures and on the
Delhi Webstore website. This reference will
be strictly limited to disclosure that Delhi
Webstore has provided services to the
company and will not contain any
confidential, sensitive or proprietary
information in such a reference. The
reference will also not provide any
personally identifiable information about
the individual or technical information
regarding the server configuration and
design used by the customer at Delhi
Webstore. However, Delhi Webstore may
disclose any information requested by law
enforcement or when compelled by court
order, applicable laws or regulations.
Any work or professional services performed or provided by Delhi Webstore under this Agreement shall not be deemed .Work For Hire,. but Delhi Webstore shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Delhi Webstore.
Microsoft
Software License Policy.
Microsoft, as well as Delhi Webstore company
policy, does not allow mixing of Microsoft
license ownership. For an example, a
customer cannot use a Delhi Webstore
purchased Windows Server license in
conjunction with their own customer license
of MSSQL or any other Microsoft Product.
This is a violation of Microsoft's licensing
policies. The customer would have to obtain
all Microsoft licenses through Delhi
Webstore. In some instances, we can allow
the customer to supply all Microsoft
licensed products, including the OS.
However, all licenses must be provided by
the customer and may not be mixed with Delhi
Webstore licensed Microsoft products. Any
questions regarding this policy can be
addressed to
sales@liquidweb.com
Limitation of
Damages
Recovery of damages from Delhi Webstore
may not exceed the amount of fees it has
collected on the account.
General
Terms Of Service are subject to change
without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Delhi Webstore, Inc.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Delhi Webstore, Inc. administrators without prior notice.
All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.
Any violation of these Terms of Service will result in termination of the account. Delhi Webstore, Inc. maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Dispute
Resolution
Any dispute between Delhi Webstore and a
subscriber shall be determined by
arbitration conducted by the American
Arbitration Association pursuant to its
commercial arbitration rules. The arbitrator
shall decide any dispute in accordance with
Michigan law, without the application of
choice of law principles. Each party shall
bear its own expenses and legal fees for the
arbitration. The arbitration shall be
conducted in Ingham County, Michigan, unless
both parties agree in writing to a different
location. The arbitration award is
enforceable as a judgment of any court
having proper jurisdiction.
Indemnification
Customer agrees to indemnify and hold
harmless Delhi Webstore Inc, its
subsidiaries, their affiliates and each of
their respective directors, officers,
employees, shareholders and agents (each an
"Indemnified Party") against any losses,
claims, damages, liabilities, penalties,
actions, proceedings, judgments, or any and
all costs thereof (collectively, "Losses")
to which an Indemnified Party may become
subject and which Losses arise out of, or
relate to the Agreement, Customer's use of
the Products and Services, breach of any
confidentiality obligation or any alleged
infringement of any trademark, copyright,
patent or other intellectual property right
and will reimburse an Indemnified Party for
all legal and other expenses, including
reasonable attorneys' fees incurred by such
Indemnified Party, in connection with
investigating, defending, or settling any
Loss, whether or not in connection with
pending or threatened litigation in which
such Indemnified Party is a party.
Delhi Webstore may from time to time, at the request of the CUSTOMER, be enlisted to perform server administration tasks on CUSTOMER hardware which is colocated at Delhi Webstore facilities. This service shall be referred to as "Remote Hands". Customer agrees to indemnify and hold harmless Delhi Webstore, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any incidental damages caused to CUSTOMER hardware in the performance of Delhi Webstore remote hands server administration.