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This represents the Terms Of Service/Acceptable Use Policy-
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------1. SERVICE AGREEMENTShivShakti Web shall provide its Services to YOU [the Client] under these Terms of Services [Agreement]. The Agreement is intended to keep the integrity of both ShivShakti Web and the Client and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
By completing the Order Form and any other documents or agreements additionally specified in this Agreement, the Agreement constitutes the whole act of convention between ShivShakti Web and the Client, thus being the most significant document of the established relationship. In case a court of competent jurisdiction considers that any of the Agreement\'s provisions are invalid, unenforceable, or void, the remaining provisions will completely reserve their validity.
The Client's side of the Agreement could be presented by: - an individual with personal demands being over 18 years of age; - a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. Moreover, if a person represents the Client for some reason, he/she should be legally authorized to act on his/her behalf, thus accepting, executing and delivering the Agreement.
YOU understand and agree that the Service is provided on "AS IS" basis and that ShivShakti Web assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Client communication or personalization settings.
2. ShivShakti Web SERVICESa. Web Packages - Each Web Packages plan includes prepaid and fixed features.b. Domains Hosted - ShivShakti Web hosting plans include domain hosting. Each hosting plan has a limit of the number of domains that can be hosted. For more information about the different plans refer to our web site.c. Domain Registration - Free domain names are available ONLY with annual(yearly payment) of web package (Website) account(s)/orders subscriptions. Free domain name registration applies to .com, .net, .org, .us, .biz, .in, and .co.in domain names only for the initial year of registration. Each web package account can use a maximum of one discounted domain name. Please note that domain name registrations are final and cannot be refunded. In case of the following upgrades - from Website plan to Standard or Basic plan and from Standard or Basic plan to another Modern plan with more features - FREE domain name registration is NOT included.d. Web Design - Each Web Packages plan includes Web Design/Designing (without custmizations) with SSWCMS.e. Disk Space - Each Web Packages plan includes prepaid and fixed disk space.f. Features Web Packages - ShivShakti Web has rights to change or alter any features of web packages.
3. BACKGROUND OPERATIONS/ADD-ON SERVICESAll paid hosting plans of ShivShakti Web include, but are not limited to, the following services: Free Domain Name, Free Web Hosting, Web Design/Designing integrated in the SSWCMS! These services are offered and provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS.
Additionally ShivShakti Web might offer the following ADD-ONS: . Site Search Engine Submission - When applicable as a free addon product SEO submission should be requested in maximum 3 months after the order is placed. Please note that in order to successfully submit your site it should be fully functional and finished. No under construction, no unfinished sites or sites with no index page will be accepted.ShivShakti Web ADDITIONAL SERVICES - ADD-ONS OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. ShivShakti Web REJECTS ANY IMPLIED WARRANTIES. ANY OF ShivShakti Web\' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY ShivShakti Web, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
4. SERVICE GUARANTEESShivShakti Web guarantees 90.9% network uptime. This, however, does not refer to problems araising from: . Server Hardware Breakdown.a. User error(s) or purposeful interruption(s) of the hosting service.b. Failures due to software that is not explicitly supported by ShivShakti Web. Consequently, if a hardware crash provoked by a customer happens, ShivShakti Web is beyond the control and responsibility for the resulting downtime.Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
5. ACCOUNT USAGE & HOSTED CONTENT . Your account content MUST comply with the parameters stated in this Agreement. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a ShivShakti Web representative regarding any inquiries over this matter.a. If any of ShivShakti Web Services are used for the illegal purpose of SPAM, then those services will be immediately terminated. If unauthorized access is spotted, ShivShakti Web reserves the right to ban without notice the use of any ShivShakti Web hardware or software hosted on a ShivShakti Web server for trying to illegally access another hosted machine or network.
You absolutely agree and understand that by breaking this paragraph and generally this agreement your account will be closed without notice and no refund will be issued. A chargeback of the amount will be prosecuted legally by ShivShakti Web legal advisers to the final extend of the law.b. Inactivity periodi. In 15 days time after account expiration each 3 days you will receive notifications. Unless you contact us during this period, your account will be deleted.ii. If your account has been blocked due to violation of the terms of service, abuse, spam or any malicious purposes then it will be deleted in 15 days without any notice.
6. MONEY BACK GUARANTEEShivShakti Web offers a 15-day money back guarantee. If you are not satisfied with our service within the time frame of 15 days after you purchased the account, you need to contact our Sales Department and you will receive a refund for your web package plan. Any domain registrations/transfers (free within a web package plan) are final and do not include any money back guarantee and will be a subject to the regular domain price per year.
7. PAYMENT AND CHARGEBACKSAll customers should abide by the following verification procedure. . Services (Web Packages) are provided by ShivShakti Web. By sining up for these services (Web Packages) you agree that you will be charged the respective amount for these services (Web Packages) by the ShivShakti Web. When signing up for a Web Packages (service) with ShivShakti Web, customers agree to all specified Terms in this document. Thus, ShivShakti Web will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.a. ShivShakti Web will charge customers with fees based on the fee structure at the time of the sign-up/registration process. ShivShakti Web reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list may differ from the pricing and features of the customer's account.b. We always aim to keep Web Packages (services) without interruption. Therefor the services we provide will be renewed automatically unless notified prior to expiration date of the specific service. Domains and SSL renewals are non-refundable as provided by third party company and their irreversible order policy.
Chargebacks are not accepted as a way of refunding. Any client who provokes a credit card chargeback of an order will be a subject to collections and legal actions. He/she will be charged $30.00 USD, because when signing up with ShivShakti Web, customers accept these terms and conditions, thus agreeing to observe them strictly.
8. WARRANTIES AND REPRESENTATIONSShivShakti Web provides Web Packages (services) on an "as is" and "as available" basis without warranties or representations for its offering. The ShivShakti Web bears no responsibility for connection problems, in cases when customers\' services with ShivShakti Web confronts with service interruption issues.
9. NO UNLAWFUL OR PROHIBITED USEAs a condition of your use of the ShivShakti Web Services, you will not use the ShivShakti Web Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any ShivShakti Web Services, other accounts, computer systems or networks connected to any ShivShakti Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ShivShakti Web Services.
ShivShakti Web, in its sole discretion, reserves the right to disclose at any time any piece of information that ShivShakti Web deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove, in whole or in part, any piece of information or material.
10. THIRD PARTYAny dealings with third parties (as well as advertisers) included within the ShivShakti Web Services or participating in promotions, delivery and payment of goods and services, and any other terms, conditions, warranties and representations associated with such dealings or promotions, are solely between you and the advertiser or the other third party. ShivShakti Web cannot be held responsible or liable for any part of such dealings and promotions.
11. TERMINATIONYOU agree that ShivShakti Web, in its sole discretion, may terminate your password, account (or any part thereof) as well as the use of the Service, and remove and discard any Content within the Service, if you happen to violate these terms.
12. YOUR RESPONSIBILITIESYOU are solely responsible for the content of your web pages, messages or data you or your sites\'s users upload on ShivShakti Web systems. Using the ShivShakti Web Services in connection to surveys, contests, pyramid schemes [HYIP], chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, YOU agree to: . Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration forma. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ShivShakti Web has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ShivShakti Web has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).b. YOU will receive a password and account designation upon completing the Service registration process. YOU are responsible for maintaining the confidentiality of your account details, and YOU are fully responsible for all activities that are assiciated with your account. YOU agree to:
- immediately notify ShivShakti Web of any unauthorized use of your password, account and/or any other breach of security;
- ensure that you exit/logout from your account at the end of each session;
- refrain posting, disclosing, providing, selling or offering to sell your account details provided by ShivShakti Web to any third parties;
ShivShakti Web cannot and will not be held liable for any loss or damage arising from your failure to comply with this.c. Any Customer in violation of our system or network security and/or enormously overloading/over flooding the servers\' utilization is subject to criminal and civil liability, as well as an immediate account termination. Examples include, but are not limited to, the following: - Unauthorized access, use, probe, rootkit or scan of a systems security or authentication measures, data or traffic; - Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks; - Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting;d. The Customer agrees not to publish on or over his/her account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.e. ShivShakti Web does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
- Infringe on any third party`s intellectual property or proprietary rights, or rights of publicity or privacy;
- Violate any law, statute, ordinance or regulation;
- Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
- Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software/programs that may damage the operation of a third party`s computer or property;
- Contain Proxy, Pirated or Hacking / Phreaking Software (Warez). Moreover, any software that is copyrighted and not freely available for distribution without cost, ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) - all fall under this jurisdiction. This includes also Torrent sites or links to Torrent sites;
- Sites related or directly providing escort services;
- Display/distribute Adult content as well as any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
f. Use of phishing or mimic sites are strictly prohibited on ShivShakti Web, any user's account suspected in such activity will be terminated WITHOUT refund and legal actions will be started to the final extend of the law.g. YOU acknowledge and agree that ShivShakti Web might change this Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.In conclusion any client not observing the afore mentioned rules is a subject to an immediate account termination without refund!
13. CUSTOMER WEBSITE; CUSTOMER WARRANTIES/GUARANTIES . When buying a Web Packages plan with ShivShakti Web, customers agree to be fully responsible for the deployment, development, operation and maintenance of their web site, online store and/or e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:- the accuracy and relevance of the Customer's content and material showcased in his/her store or on his/her products;- certainty that the Customer's content and materials appearing in his/her store or on his/her products do not violate or infringe upon the rights of any person;- certainty that the Customer's content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. The Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. The Customer is the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site/s and online store/s.a. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site/s or online store/s.b. Each Customer guarantees to ShivShakti Web that he/she owns or possesses the right to use the Customer Content and the corresponding material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to ShivShakti Web that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:- infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party- break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers ShivShakti Web to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. ShivShakti Web is granted the right to assess the extent these operations need to be done.
14. UNSUITABLE BEHAVIOURAny indecent abusive or insulting treatment towards a ShivShakti Web employee will be considered inappropriate. Each Customer is anticipated to behave in a well-mannered way with ShivShakti Web employees regarding any requests for help through e-mail, phone, etc. Each Customer should avoid applying any forms of written emotional outburst. Any attempts of uncontrolled behavior will be interpreted as a breach of this Agreement.Other acts of treatment towards ShivShakti Web employees that will be considered as unacceptable include verbal, oral, written or delivered by a second party threats that are addressed to ShivShakti Web or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this Agreement. ShivShakti Web reserves the right to restrict or completely stop access to clients\' accounts and even to once and for all stop client hosting account without issuing a refund if any of the aforementioned rules are violated and if further communication is not possible due to continued bad mannered client behaviour!
15. SPAMMING IS PROHIBITEDWe take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice. We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
- Advertising of your ShivShakti Web hosted site using Unsolicited Email (spam). This is strictly prohibited and your account will be removed immediately if it is involved in any type of spam activity;
- The bulk-sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;
- The sending of junk mail;
- The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- Posting commercial ads to USENET newsgroups that do not permit them;
- Posting articles containing binary encoded data to a non-binary newsgroups;
- Excessive and repeated posting of off-topic messages to newsgroups;
- Excessive and repeated cross-posting;
- Excessive email sending/receiving over 100 emails per hour and not more than 1000 emails a day;
- E-mail harassment of another Internet Customer's, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
- The e-mailing of age- inappropriate communications or content to anyone under the age of 18;
ShivShakti Web reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.16. TOOLS SOURCES MODIFICATIONShivShakti Web reserves the right to modify the sources of the application installed to meet specific company needs. Such needs may be (but not limited to): - Template modification - Branding modification - Default incoming/outgoing links modification. Such modifications can be removed and the application reverted to its very default state upon written request (either via a ticket posted or an email to [email protected]
17. ACCOUNT HDD RESOURCES USAGEEach and every ShivShakti Web Customer agrees not to allocate more than 4999MB of its hosting account space to image and multimedia (.gif, .png, .avi, .mpg, .jpg, .mp3, .m4v, .3gp) files. Each and every ShivShakti Web Customer agrees not to allocate more than 4999MB of its hosting account space to archive (.rar, .zip, .tar, .gzip, .iso, .nrg, .cue, .ccd, .img, .sub, .cue) files. Each and every ShivShakti Web Customer agrees not to allocate more than 4999MB of its hosting account space to DB dump backup (.sql, .pgsql, .mssql, .mysql) files. Each and every ShivShakti Web Customer agrees not to allocate more than 4999MB of its hosting account space to .pdf, .psd, .ppt files. Each and every ShivShakti Web Customer agrees not to allocate more than 4999MB of its hosting account space to any identical file types. Each and every ShivShakti Web Customer agrees not to allocate more than 3000MB of its hosting account space for storage of emails.
18. ACCOUNT DB RESOURCES USAGEShivShakti Web provides its Customers shared hosting service with MySQL database. The very nature of the service requires that database server resources be shared. The amount of available databases depends on the package that the Customer has signed up for. The database engines described above should be used by the Customer in a manner that the overall server pefromance is not affected and no downtime is caused due to over-usage.
Every web hosting account can use up to 36000 connections (per single database) per hour and also up to 30 concurrent connections towards a single database.
In case that a database is detected to use more than the %20 of the shared CPU due to database usage, ShivShakti Web reserves the right to suspend the account associated with the database without any prior warning.
19. ACCOUNT CPU/RAM RESOURCES USAGEShivShakti Web provides its Customers with the ability to use CPU and RAM on shared principle. The resources described above should be used by the Customer in a manner that the overall server performance is not affected and no downtime is caused due to over-usage. In case that a process is detected to use more than the %20 of the shared CPU/RAM ShivShakti Web reserves the right to suspend the account associated with the process without any prior warning.
20. INODES RESOURCES USAGEEvery file (a webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 55,000 inodes on any shared web hosting account may potentially result in a warning first, and if no action is taken future suspension.
21. DEFINITION OF UNLIMITED DISK SPACE AND TRAFFIC USAGEBeing a web service provider we are greatly dedicated to help our clients to build their online presence. That is why we impose no limits on the disk space and traffic on plans having these features advertised as "unlimited".
While we want to be sure we are providing good service to all of our clients, still we require customers to comply with paragraph 17. ACCOUNT HDD RESOURCES USAGE and paragraph 22. TRAFFIC RESOURCE USAGE, which sets norm in Disk Space and Traffic usage of personal and business websites.
The nature of the shared web hosting service we provide, may force us to put constraints on given accounts that are affecting others accounts by abusing resources beyond what is expected to be a normal utilization of Disk Space and Traffic. Normal usage for personal and business websites is considered usage similar to the average resource utilization of our other customers.
Example of abnormal usage might be resource usage of a large corporation compared to a small personal or business website or storing large number of video, audio or other files that require more resources to support.
With this said we want to stress on the fact that we are providing hosting through a shared environment and each website may impact the performance of other websites. While our hosting platform has custom architecture designed to endure great loads generated from the shared accounts, occasional disruptions may result in from customer.s abnormal activities.
Disruptions are rare, because we carefully manage accounts that are over-utilizing the platform resources. In order to keep the normal operation, we reserve the right to suspend web hosting accounts that are destroying the performance of our shared hosting platform. In any case we notify prior or consequential to account suspension the owner by email and we are doing our best to cooperate with the affected user to resolve the issue.
22. BACKUPS, DATA LOSS AND BACKUP LIMITYour use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Our backup service is run each week, overwrites any of our previous backups made, and we keep 1 month backups behind. ShivShakti Web is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ShivShakti Web servers. Any shared account using more than 3 GB of disk space will be removed from our off site backup. Emails are not backed up. All data will continue to be mirrored to a secondary drive(RAID Backup) which helps protect against data loss in the event of a drive failure.
23. TRAFFIC RESOURCE USAGEShivShakti Web provides monthly traffic allowance. The allocated traffic allowance depends on the package. In case you pass the allocated monthly traffic we reserve the right to suspend your account until the next month cycle starts, until additional traffic allowance is ordered or even terminate the account and/or request to charge additional fee if the account has over-utilization. Unused traffic in one month cannot be carried over to next months. ShivShakti Web reserves the right to suspend and/or terminate any account that has traffic over-utilization and endanger the normal function of shared hosting platform.
With regard to the Unlimited data traffic packages on the shared hosting platform, a fair use policy will apply. If you generate more server traffic than is deemed acceptable by ShivShakti Web, to the detriment of other ShivShakti Web customers, ShivShakti Web reserve the right to interrupt service. Unlimited data transfer applies to your use of web pages only (html, php, etc.), not for storage of movies, pictures, audio files, downloads etc.
24. WEB SERVER RESOURCE USAGEShivShakti Web provides a shared hosting service. The very nature of the service requires that Web Server resources be shared. Every web hosting account can use up to 40 concurrent (simultaneous) connections originating from one IP (regardless of the domain, subdomain) and also 40 concurrent connections towards a single vHost (domain or subdomain).25. FORCE MAJEURE CIRCUMSTANCESShivShakti Web will be no liabile in case of failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, 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), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
This agreement constitutes and represents the whole act of convention between the parties in regard to the agreement signed between them. It is not subject to any amendments, changes or modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the parties to be charged.
26. COPYRIGHTSCopyrighted material must not be placed on any Customer`s account without the permission of the owner(s) or the person(s) they specifically authorize. Only the owner(s) or such authorized person(s) must upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.
What is appropriate usage?
ShivShakti Web is designed to serve the web services (Website Services) needs of small, medium, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
ShivShakti Web is using a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. ShivShakti Web uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
Disk space:If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
Data transfer:In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site.You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
Email storage:You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. ShivShakti Web will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
ACCEPTABLE USE POLICY & TERMS OF SERVICEThe following is the entire Acceptable User Policy ("AUP") agreement between ShivShakti Web ("ShivShakti Web") and the personal or corporate account holder ("YOU/YOUR/Customer"). ShivShakti Web provides World Wide Web Hosting, Marketing, and Development. ShivShakti Web has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. ShivShakti Web general policy is to act as a provider of Internet presence. ShivShakti Web reserves the rights to suspend or cancel a customer's access to any or all services provided by ShivShakti Web when we decide that the account has been inappropriately used.
SERVER ABUSEAny attempt to undermine or cause harm to a server or customer of ShivShakti Web is strictly prohibited.ShivShakti Web 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 ShivShakti Web, 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 ShivShakti Web 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, virus 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, spam, FFA (Free For All) and/or anything else determined by ShivShakti Web 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; 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 ABUSEShivShakti Web 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 ShivShakti Web 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 ShivShakti Web Management ("MANAGEMENT"), with or without prior notice.
If YOU do not qualify for the Website 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 for a month will be billed to YOUR account. If you want to prepay for disk space overages, you will be billed as per the plan.
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 ShivShakti Web has the sole decision to deactivate any and all servers.
ShivShakti Web will be the sole arbiter as to what constitutes a violation of this provision.
BANDWIDTH ABUSEThe intention of ShivShakti Web 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 Website service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost will be billed to YOUR account. If YOU want to prepay for bandwidth overages, YOU will be billed as per the hosting plan.
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 ShivShakti Web has the sole decision to deactivate any and all servers.ShivShakti Web will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMINGUnsolicited commercial advertisements ("SPAM") are not allowed in e mail, and will likely result in account cancelation.
ShivShakti Web 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 Rs1500 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 lists charter for whether advertising is allowed or not. Sending a message to many different off topic news groups, 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 ShivShakti Web ("spam advertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
90.99% UPTIME GUARANTEE(1.) COVERAGE This 90.99% uptime guarantee applies to any Customer in good financial standing with ShivShakti Web at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS ShivShakti Web endeavors to have the content of YOUR website available for http access by any party in the world 90.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from ShivShakti Web to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via ShivShakti Web online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the ShivShakti Web NOC. ShivShakti Web administrators will determine the end of the downtime by a trace route to YOUR machine from outside the ShivShakti Web network.
(3.) 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 ShivShakti Web,
Your behavior or the performance or failure of your equipment, facilities or applications,
Circumstances beyond ShivShakti Web reasonable control, including, without limitation, acts of any governmental body, war, insurrection, 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 ShivShakti Web "Terms & Conditions and AUP" causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIESShivShakti Web provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our SSWCMS control panel interface, servers within our immediate responsibility and any other hosting related issues.
However, in under no circumstances is ShivShakti Web 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 Easy Apps applications that are installed through the other control panel interface are installed as directed.
SMTP MAIL SERVER ABUSEWe do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 500 pieces of e mail per day from a shared hosting account with a maximum file size of 20MB per email message. If YOU violate ShivShakti Web policies persistently in email activities, YOUR account will be suspended and deleted.
PAYMENT POLICIESAll accounts are set up on a prepay 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 prepayment.
ShivShakti Web 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 notify ShivShakti Web to request for termination of services. All payment is in INR currency. ShivShakti Web will bill each client Rs400 per returned check, per wire transfer received and per credit card chargeback received. All ShivShakti Web accounts are setup on annual 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 fee. Please contact the billing department at [email protected]
CANCELATION OF SERVICEShivShakti Web reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro rated and paid by ShivShakti Web if we institute our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).
All of ShivShakti Web PLANS are backed by a 15 day money back guarantee. If YOU are not completely satisfied with our services or support within the first 15 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 ShivShakti Web is notified within the first 15 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 Create2Web account control panel. Phone or email requests will not constitute acceptance of any cancelation.
PROMOTIONAL RATES & SPECIAL OFFERSShivShakti Web 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 RIGHTSMaterial accessible to you through ShivShakti Web services may be subject to protection under the India 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 ShivShakti Web 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 ShivShakti Web network. If YOU use a domain name in connection with ShivShakti Web or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
NETWORK SECURITYCustomers may not use the ShivShakti Web 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. ShivShakti Web 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.
ELECTRONIC COMMERCEYOU 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 CACHINGYOU expressly(i) grant to ShivShakti Web a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by ShivShakti Web 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.
DOMAIN NAME REGISTRATIONYOU agree to pay ShivShakti Web prior to the effectiveness of the desired domain name registration, the then current amount set forth in the ShivShakti Web 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. ShivShakti Web 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 ShivShakti Web 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 ShivShakti Web) 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 ShivShakti Web 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. ShivShakti Web will reinstate YOUR domain name registration solely at ShivShakti Web discretion, and subject to our receipt of the initial registration or renewal fee and our then current reinstatement fee.
Transfer domain registrar to ShivShakti WebYOU agree to pay ShivShakti Web prior to the effectiveness of the desired domain name transfer request, the then current amount set forth in the ShivShakti Web 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 ContactDomain name in Registrar Lock StatusDomain 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.ShivShakti Web 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 ShivShakti Web 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 ShivShakti Web) 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 ShivShakti Web 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. ShivShakti Web will reinstate YOUR domain name registration solely at ShivShakti Web discretion, and subject to our receipt of the initial registration or renewal fee and our then current reinstatement fee.
LAWFUL PURPOSEShivShakti Web reserves the right to refuse service to anyone. YOU may only use ShivShakti Web 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 India, 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 Virus", 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 ShivShakti Web management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that ShivShakti Web 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 India, and any dispute will be litigated or arbitrated in India. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in District courts. IN NO EVENT SHALL ShivShakti Web MAXIMUM LIABILITY EXCEED FIVE HUNDRED (Rs.500) RUPEES.
INDEMNIFICATIONYOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ShivShakti Web HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ShivShakti Web, 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 ShivShakti Web AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ShivShakti Web 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 ShivShakti Web SERVER.
ShivShakti Web Acceptable Use Policy
An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used.The AUP of ShivShakti Web aims to clearly outline the purposes for which our customers CANNOT utilize our services and position data on our network servers.This Acceptable Use Policy (AUP) is an integral part of the Terms of Service which each customer agrees to abide by when signing up for an account with our. Any violation of this AUP will be deemed a violation of our Terms of Service.We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our services environment and/or our network of servers.In order to protect our reputation and responsibilities, and guarantee state-of-the-art and reliable services to all our customers, as well as privacy and security for all users, we – ShivShakti Web - hereby outline the following AUP rules and conditions to come into force for each customer signing up for a account with us:
1. SYSTEM ABUSEAny customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:• Unauthorized access, use, probe, or scan of our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the system and broadcast attacks, forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.• Any attempt at doing harm to a server or a customer of our services:ShivShakti Web will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a ShivShakti Web customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: ‘Internet scamming’rsquo; (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to ShivShakti Web services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
3. INAPPROPRIATE OR UNLAWFUL CONTENTCONTENT published or transmitted via our services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network’s services.The user of our services is NOT permitted to post online content or have links to content that:• is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against ShivShakti Web by offended viewers;• promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.• represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;• represents infringement on copyright, patents, trademarks, trade secrets, or third party's intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.
4. COPYRIGHTSCopyrighted material must not be placed on customers' accounts without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
5. CORRECTIVE ACTIONSWe reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.We will disable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she considers him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence pro customer’s side.
Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.
6. REPORTING VIOLATIONSIf you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our system, please contact us immediately. Our professional team will investigate the situation and provide you with full assistance.
7. REVISIONSWe reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Terms of Service.