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Web Hosting TOS

5th.April,2003

Please read through the entire TOS (Terms Of Service) before signing up for any service provided by the website. This TOS constitutes the sole agreement between  Provider and Client with respect to the subject matter hereof and shall be attached to any  use of the Service.

The Parties:
1. Anandsoft.com is represented by Anand Software and Training Pvt. Ltd having registered office at 1192, 2nd Cross, I Phase, B.T.M.Layout, Bangalore-560029 India, here after called the "Provider".
2. ("the client")

Recitals:
The Provider is engaged in the business of providing internet services, including the supply of web site hosting.
The Client wishes to use these Services, and the Company agrees to provide Services to the Client on the following terms and conditions:

Terms and Conditions:

  1. Acceptable User Policy
    • Content
    • EMail and other services
    • Resource usage
  2. Disclaimer of warrenties
  3. privacy Policy
  4. Copyright
  5. Ordering and payment
  6. Cancellaiton and Refunds
  7. Termination of service
  8. Backup and storage
  9. Limited Liability
  10. Jurisdiction
1.Acceptable User Policy

Content

The Service will not be used for any of the following and are considered  as a violation  of these TOS:

  • Web Sites having only an IP address 

  • Illegal activities or materials, including but not limited to materials that 
    may violate another's intellectual property rights Promoting pornographic, 
    sexually explicit, violent, lewd or obscene materials.
  • Anything that constitutes promotion of Spam or UCE 
    Warez, Pirated or Hacker related software, Chat Rooms other than 
    included by Provider MP3s of others (any created and Copyrighted 
    by Client is fine) IRC Bots 

  • Attempts to undermine or cause harm to other Customer's of Provider
  • Matt Wright FormMail script - any version 
  • Any other reason that is deemed by Provider to be unsuitable
Email:  

Spamming, or the sending of unsolicited email, from the Providers server or 
using an email address or domain that is maintained on the Providers machine as 
reference is STRICTLY prohibited, and subject to suspension without notice. 
The Provider will be the sole arbiter as to what constitutes a violation of this provision. 
Resource Usage:

These Scripts (any version) are not allowed without pre-approval:

PHP-NUKE [ http://phpnuke.org/ ] 
UBB [ http://www.infopop.com/ ] 
YaBB [ http://www.yabb.info/ ] 
Ikonboard [ http://www.ikonboard.com/ ] 

Client agrees that any Script of any type or format or process, that uses 
15% or more of Server resources, per instance, for more than 30 continuous 
seconds, is subject to being shutdown and/or Client will be requested 
to remove it.

Customers are not allowed to advertise or provide, services similar to Web 
Hosting services.

2.0 Disclaimer of Warranties:

 The Provider makes no warranties, or assurances about the compatibility of the hardware and software provided. The services are provided AS IS and the client assumes all
responsibility.Provider expressly disclaims all Warranties of any kind, whether express or implied, 
including, but not limited to, implied Warranties of merchantability, fitness for a particular purpose
or use and non-infringement.  

Use of the Services, including the storage of information, is at the Client's sole risk. 
We will endevour to provide safe secure backup services for all stored information, 
but this is not a guarantee, and the Client should insure themselves against any such 
loss.

Client agrees that any data or files downloaded or uploaded for storage through the 
 use of the Service is done at the Client's own discretion and risk,  and that Client will be 
 solely responsible for any damage to Client or third-party computer  system(s) or loss of 
 data that results from use of the Service.

 Provider makes no Warranty regarding goods or services purchased or obtained through 
 the Service or any transactions entered into through the Service.

The Client will indemnify and hold harmless the Provider against any loss, damage, cost 
and expense which we may incur or become liable for by reason of claims or actions for libel, 
violation of privacy rights, plagiarism, copyright infringement, and claims arising in connection 
with data transmitted pursuant to the terms and provisions of this agreement and any 
claims or suits resulting from the Client's use of the service including, without limitation,
 the expense and cost of defending any and all such claims and actions. Client also agrees 
to extend this Indemnification to all officers, owners, employees, successors, assigns, agents 
and contractors of Provider.

We may temporarily suspend for the purpose of repair, maintenance or improvement, 
part or all of the Services, generally without notice. We undertake to use reasonable 
endeavours to inform Clients of future Service changes and/or downtime and to restore 
Services as soon as practical after any such suspension.

3.Privacy Policy

We will use our best efforts to maintain, but do not guarantee, the privacy of email, network use, and the contents of user directories.

The policy of Provider is to respect the privacy of its Client's, as well as the privacy of 
all those conducting business through use of the Service.  However, unless expressly stated
and identified, communications by and between Provider, Client, and third parties, cannot 
be considered completely private, and no Warranties about their privacy are thus made by
the Provider.

4.Copy Right

If we are informed of an alleged copyright or trademark infringement involving a Client's 
Services, we will attempt to notify the Client of those allegations and secure a response. 
We may, in our sole discretion, remove or terminate the Services containing, on a temporary
 or permanent basis, materials which we believe may create, constitute, or contribute to 
copyright or trademark infringements. Client expressly waives the right to assert any 
claims against us for any such removal or termination.

5.Ordering and payment

Accounts may be invoiced on a monthly or annual basis, as agreed. Payment is due upon receipt of each invoice. Overdue accounts may be terminated or suspended at the discretion of the Company.

Additional Charges due to Bandwidth use in excess of that specified in this agreement will be invoiced on a monthly basis for immediate payment.

6.Cancellation and Refunds

We offer 30 day refund on all web hosting plans. The commencement of 30 day refund period start from the first day of service to the 30th day of service. If a client wants to cancel an account, request must be issued to that effect by first day of the month. If the request is not received by first day of the month, the account will be cancelled from the next month onwards. Note that the month starts from the date the account has been activated.

 Cancellation of the Service must be done, either in writing and submitted through the Postal service and addressed to the current Mailing Address of Provider or, by using eMail with the "FROM" address being the Client ISP assigned eMail address on file with Provider, and the "TO" address being a functional eMail address of Provider.  No other methods are acceptable and Client must respond to any contact made by Provider with regard to Cancellation.

The refund is subject to compliance by the Client with other provisions of TOS, such as "Acceptable User Policy". We may temporarily suspend services for the purpose of repair, maintenance or improvement, part or all of the Services,  with or without notice. We undertake to use reasonable endeavours to inform Clients of future Service changes and/or downtime and to restore Services as soon as practical after any such suspension.

7.Termination of Service

We may terminate Services to the Client at any time, without notice, for violation of this agreement. We will not be liable for any damages or harm to the Client resulting from such termination. Return of any pre-paid amounts is contingent to the Client not having used the Service for Illegal Purposes and has not violated these TOS as stated elsewhere. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.

We may terminate Services to the Client at any time, giving 14 days notice to the termination date. A refund covering any remaining period of paid-up hosting charges will be made. We will not be held responsible for any other charges directly, indirectly or otherwise due as a result of suspension of Services.

Termination shall be accompanied by email notice to the email address currently on file with the Provider. Under certain circumstances described within this TOS, Provider may terminate Service with or without notice.

8.Back-Up and Storage

Use of the Services, including the storage of information, is at the Client's sole risk. We will endevour to provide safe secure backup services for all stored information, but this is not a guarantee, and the Client should insure themselves against any such loss. The client must have
his own storage and back-up arrangements, and must not rely on the service provided by the
Provider for this purpose.

9.Limited Liability

Client is solely responsible for the content and the use of services available to the Client. Client's use of the Service is subject to all applicable national and international laws and regulations.

Client agrees that any and all use of the Service is at the Client's sole risk. Provider does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by Provider as to the accuracy or reliability of the Service, unless otherwise expressly stated in this TOS. Client also agrees that Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use or "inability to use" of the Service.

Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, Tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of Agreement for Service.

10. Jurisdiction: Bangalore, India