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Use of India.to's Service constitutes acceptance
and agreement to India.to's AUP (Acceptable Use Policy), TOS
(Terms of Service), PP (Privacy Policy), SLA (Service Level
Agreement).
From herewith in this TOS, AUP, SLA and PP, the usage of "us",
"we", "our", "ours" shall constitute reference to India.to, the
usage of "you", "your", "they", "them" shall refer to client /
customer of India.to.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of
electronic ordering (web order form) or submitting a written
contract, and receipt of such order by India.to, that you are
agreeing to our TOS, AUP, SLA and PP. No Modifications of said
contract by customer is allowed.
2. India.to will provide, and Customer will purchase and pay
for, the Services, and service fees specified in the Order for the
applicable Service Description. Customer acknowledges that the
service, and service fees have been communicated to the customer,
and that they are aware of all applicable charges as per contract,
TOS, AUP, SLA and PP. Customer also understands that any
promotional offers unless specified in contractual terms will not
be applicable to their individual service.
3. In connection with any Hosting Services, if Customer's
actual bandwidth usage in any month exceeds allotted amount,
specified in Customer's contract, Customer will pay India.to any
additional fees as specified in the Service Description within
three (3) days of invoicing period. Any bandwidth overuse bill not
paid within three (3) days of invoicing will be subject the server
and services to suspension. India.to will not under any
circumstances accept liability for a site to be shutdown due to
bandwidth overuse.
4. India.to will not under any circumstances accept financial
liability for sickness, stress, injury, loss of earnings, loss of
data or failure of computer hardware due to using our services or
incorrect/misinformed advice given by staff.
What may not be hosted on our network:
Illegally posted materials will not be tolerated on our
network. These include but are not limited to:
Transmission, storage, or presentation of any information, data
or material in violation of any Indian Law is prohibited.
copyrighted material, trademark, intellectual property, material
we judge to be threatening or obscene, or material protected by
trade secret and other statute without proper authorization.
Copyrighted Software / Media
Child pornography
Info, tools or attempts related to hacking, phreaking, phishing,
anarchy, virii or spam
Racist/Inflamatory content
Links to such materials are also prohibited.
If you find any of the above materials hosted on one of our web
servers, please report to India.to.
Additionally, we reserve the right to ban the use of
applications which allow the proliferation of unsolicited email
from our network, or which decrease the performance of our servers
thus bearing on the quality of service we may provide to other
customers.
We do not allow BULK or MASS emailing, in our Starter and Business Linux hosting plans we restrict the emails to 50mails/hr (1200mails/day).
Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems;
these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such as
IRCD.
c) Run any type of web spider or indexer (including Google Cash /
AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay
Chat) network.
e) Run any bit torrent application, tracker, or client. Please
note that you may link to torrents off server, but may not host or
store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
i) Store files not related to domain.
j) No more than 5,000 MB allocated to music, video, or other multimedia files, including but not limited to .avi, .mp3, .mpeg, .jpg, .gif, .bmp and .png files.
k) No more than 5,000 MB allocated to any archive files and disk images files containing the complete contents and structure of a data storage medium including, but not limited to, .rar, .zip, .tar, .gzip, .iso, .nrg, .ccd, .img, .sub, and bin/.cue files.
l) No more than 5,000 MB allocated to database dumps and/or backups including, but not limited to, .sql files.
m) No more than 5,000 MB allocated to executable files and all other files which are the result of compiling a program including, but not limited to, .exe, .psd and .bin files.
n) No more than 5,000 MB allocated to document files and all other files which are the result of document editing including, but not limited to, .doc, .docx, .odt, .xls, .xlsx, .ods and .pdf files.
o) No backups of hard drive or any other backups to a shared hosting account which consume more than 5,000 MB of disk space.
Using a shared account as a backup/storage device is not
permitted
When using PHP include functions for including a local file,
include the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use
include("include.php")
99.5% Uptime Guarantee
Network Uptime is the total time in a calendar month that
India.to network is available through the Internet, provided that
Client has established connectivity.
India.to takes responsibility for Network availability within
our network, however, we cannot be held liable for upstream
problems, outside of our network.
Our guarantee is that our Network will be available to clients
free of Network Outages, that render 100% packet loss, 99.5% of
each calendar month
Network Outages or Unscheduled Downtime is any unplanned or
unscheduled interruption in Service availability during which
Client is unable to access the services as described in the
section titled "Network Uptime" above.
A Network Outage is defined as a period in which 100% packet
loss to our network is experienced, which is determined to have
been caused by a problem in India.to''s Network as confirmed by
India.to. Downtime or outages are measured as the total length of
time of the unplanned interruption in service availability in a
calendar month.
Scheduled Downtime is any India.to scheduled interruption of
Services, for the purpose of network upgrades, or replacement of
any equipment in order to provide for you better service.
Scheduled downtime occurs during notified downtime periods,
with as much advance warning as possible via e-mail.
SLA Network Violation Credit.
Customer can request a % refund of their monthly payment back
if the server has more than 2 hour of downtime in a 30 day period.
1 hour = 10%, 2 hours = 20%, 3 hours = 30%, 24 hours = 100%.
Customer must request their refund within 24 hours of this
happening.
Performance Credit exclusions:
The following are excluded from the monthly calculation of
Service Availability:
Scheduled downtime
Problems outside of India.to's network (upstream providers, or
client's inbound connection) not effecting 100% loss to our
network
Interruptions or failure of individual service caused by client,
their employees, client's customers, etc. to their service.
These include inaccurate configuration(s), 3rd party software,
client abuse or over utilization of resources, hacked servers,
attacks, exploits, server hardware failures or other users on
server to cause the server to overload which may cause downtime.
We will do our best to remove such offenders immediately
Backups
India.to backup our servers and individual accounts daily
however we provide a backup option in your cpanel for your own
backup purpose and will not be held responsible for loss of any
kind if we are unable to restore a backup from our system or from
a backup file provided by you.
Please raise a support ticket to have the previous days backup
restored if the need arises
Payment:
Establishment of this service is contingent upon receipt of
payment from Customer to India.to.
Subsequent payments are due on the anniversary date of the
month for the particular billing cycle chosen, unless customer
requests all payments to be consolidated to one specific billing
date.
Any setup fees will be charged full setup fee pricing, and are
applied at time of initial request of such services.
Payments and Fees:
Payment is due on the defined monthly anniversary billing date
dependent on billing cycle chosen. Credit cards that are declined
for any reason are subject to a Rs.100 declination fee.
Service will be interrupted on accounts that reach 14 days past
due.
Service interrupted for nonpayment is subject to a Rs. 200
reconnect charge.
Non Payment For 30 days past invoice due date will result in
your hosting account and all data in it being deleted
Accounts that are not collectable by India.to will be turned
over to an outside agency for collection.
If your account is turned over for collection, you agree to pay
the company a "Processing and Collection" Fee of not less than
Fifty (Rs.50) nor more than One Hundred and Fifty (Rs.1500)
Note: On cash deposit, add additional
charges of Rs.100/- per transaction in ICICI and Rs.70 in HDFC,
charged by bank for intercity cash deposit.
And payment through credit card or PayPal have to pay additional
$.30 (around Rs.12) + 3.4% charged by PayPal.
Delinquent Accounts:
India.to may temporarily deny service or terminate this
Agreement upon failure of Customer to pay charges when due.
Such termination or denial will not relieve Customer of
responsibility for the payment of all accrued service fees, or any
collection fees.
Account Cancellation:
All requests for canceling any service / services must be made
via your client area with at least 7 days notice before next
invoice is due.
No part payments are refunded hosting will run until last
invoice payment length expires
Refunds and Disputes:
All payments to India.to are non refundable with the exception
of 30 days money back guarantee.
This includes any setup fees and monthly fees regardless of
usage.
All billing disputes must be reported within 30 days of the
time the dispute occurred.
Disputed charges to your credit card issuer, also known as
charge backs, in India.to's discretion which is valid, under the
terms and conditions of our SLA, AUP, and TOS, will result in
service interruption, and reconnection fees to restore the desired
service.
30 Days Money Back Guarantee
30 day money back guarantee applies to paid hosting only and is
refunded minus any fees incurred by India.to for
processing the payment for example paypal fees or credit card
processing charges
Hosting
Domain name can be changed in hosting account within 30days of
activation only.
Hosting platform from LINUX to WINDOWS or WINDOWS to LINUX can be
changed within 30days of activation only.
FREE 1GB Web hosting
Any abuse/infringement of FREE hosting service will terminate
your account permanently without notice.
India.to will place text advertisements on FREE hosting.
Affiliate Scheme
All earnings via our affiliate scheme are redeemable against
India.to products only.
A balance of Rs.10000 or more is required before you can use your
affiliate scheme balance
Domain Registration
Hosting.India.to utilizes an
industry standard third party Registrar for domain name
registration services. Once an order is placed for a new domain
name through Hosting.India.to, we register the domain for the
customer through the Registrar. Domains registered in this manner
are not eligible for a refund and the cost for such domains will
be subtracted from any service refund from Hosting.India.to.
New domains may be cancelled and receive a refund (deducting
registrar fees) only within
the first 24 hours after placing an order. This grace period only
applies to new domain name registrations and is not applicable for
domain renewals.
If you cancel your Hosting.India.to service, you will retain
ownership of your domain name for as long as you continue to renew
the domain. You may renew the domain through Hosting.India.to or
transfer the domain to another registrar.
Denial of Service We reserve the right to refuse service to anyone at any time for any reason.
Jurisdiction
The laws of the Republic of India shall govern this agreement
In any event of dispute the area of Jurisdiction would be Jaipur only.
Changes to the TOS
Hosting.India.to reserves the right to revise its policies at any
time without notice.
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