Terms
and Conditions of Service
In providing its Internet Hosting service Egate India
is required to meet a range of legal and ethical responsibilities.
In the interests of its customers and of the service
provided to them, Egate India also requires that they
observe certain mutually protective and beneficial standards
of behaviour. These are outlined in the paragraphs below.
Please read these
Terms and Conditions carefully before registering for
this service. If you do not accept these terms, you
may not access or otherwise use these services. Registration
for or continued use of the Web Hosting facilities offered
by Egate India indicates your acknowledgement that you
have read and accepted these Terms and Conditions and
that you agree to be bound by them. Egate India reserves
the right to suspend or cancel a customer’s access
to any or all services provided directly or indirectly
by Egate India when we decide that these terms have
been broken or intent of these Conditions has been abused.
Modification
of this agreement
Egate India reserves the right to amend its terms of
operation by posting the amended Terms and Conditions
on its web site. The effective date of the modified
Terms and Conditions shall be the date on which the
modified terms were posted on the web site. The customer
accepts a duty to periodically check the Terms and Conditions
posted on the Egate India web site. Egate India may
also add, delete or modify some or all of its services
from time to time at its sole discretion.
Applicable
Laws
The operational bases of Egate India are located at
A-4 Sector 27 Noida UP-201301. The agreement between
you and Egate India is therefore subject to the laws
of India. For clients outside India they are also subject
to the laws of India.
Term
and Renewal
This Agreement will begin upon the date Customer registers
with Egate India and shall continue for the period set
forth in the registration, unless earlier terminated
according to the provisions below. This Agreement will
continue automatically for additional terms equal to
the Initial Term (each, a “Renewal Term”)
unless either party provides notice at least thirty
(30) days prior to the end of the Initial Term or Renewal
Term, as applicable, that it has elected not to renew
the Agreement.
CGI
, ASP, PHP Scripts
Each shared web hosting account comes with its own cgi-bin.
You are free to use any CGI, ASP, PHP scripts you wish,
however we reserve the right to disable any CGI, ASP,
PHP script that affects normal shared server operation
without warning.
Server
Abuse
Any attempt to undermine or cause harm to a server,
or customer, of Egate India is strictly prohibited.
Unauthorized use of other people's accounts or computers
Egate India will act on any attempted use of an Internet
account or computer without the owner's authorization.
Such attempts include "Internet scamming"
(obtaining passwords by deception), password robbery,
security hole scanning etc.
Any unauthorized use
of accounts or computers by a Egate India customer,
whether or not the attacked account or computer belongs
to Egate India, will result in action against the attacker.
Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action.
IMPORTANT
NOTE
Egate India 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 herein.
Customers may not
run IRC, bots or customers on shared servers. Unacceptable
uses also include, but are NOT limited to: Bulk emailing,
unsolicited emailing, newsgroup spamming, illegal content,
copyright infringement, trademark infringement, warez,
cracks, software serial numbers, or anything else determined
by Egate India to be unacceptable use of Egate India
services including abuse of server resources.
Shared hosting accounts may be terminated if they contain
or which 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, or promoting
physical harm or injury against any group or individual
- Displaying material containing
obscene nudity or pornographic material (not applicable
to managed dedicated servers) - must move to an
adult server. Contact sales for more information.
- Displaying material that exploits
persons 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
- Warez sites.
Unsolicited
Email (Spam)
Any attempt to undermine or cause harm to a server,
or customer, of Egate India is strictly prohibited.
Unauthorized use of other people's accounts or computers
Egate India will act on any attempted use of an Internet
account or computer without the owner's authorization.
Such attempts include "Internet scamming"
(obtaining passwords by deception ), password robbery,
security hole scanning etc.
Any unauthorized use
of accounts or computers by a Egate India customer,
whether or not the attacked account or computer belongs
to Egate India, will result in action against the attacker.
Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action.
Server
Abuse
Unsolicited commercial advertisments (spam) are not
allowed, and will result in account cancellation. Egate
India takes a zero-tolerance approach to spam originating
from our servers or for spam advertising of domains
hosted on our servers. The following activities are
not allowed:
- Unsolicited bulk or commercial
messages ("spam"). This 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 is
prohibited. Any domain sending stealth spam will
be terminated without warning or 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 cancellation. See
the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming,"
or sending a message to many different off-topic
newsgroups, 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 web site hosted by
or through Egate India (spamvertising), then the provisions
of the above Policy shall apply as if the spam were
sent through our servers.
Abuse
of SMTP Mail Server
We do not allow customers to send more than 2000 pieces
of e-mail per day from a shared hosting account. If
you do send more than 2000 pieces of e-mail per day,
your account will be placed on hold for Network Abuse.
If you are sending legitimate e-mails and they total
more than 2000 per day, your account will be moved to
a special server that is specifically designed to handle
high volumes of e-mail additional cost may be needed.
Background
Running Programs
We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra
charge will be incurred based on system resources used
and operational maintenance needed.
IRC
We do not allow IRC or IRC bots on our servers. You
can however, install IRC clients on dedicated servers.
Payment
Policies
All accounts are set up on a pre-pay basis. All pricing
is guaranteed for the term of pre-payment. Egate India
reserves the right to change prices at any time, unless
other terms have been agreed. Any account not brought
current within 7 days of e-mail/Invoice is subject to
suspension. The customer is responsible for all money
owed on the account from the time it was established
to the time that the customer notifies Egate India at
info@Egate India.com to request termination of services.
Pricing Disputes Client
must notify Egate India in writing of any disputed charges
within 30 days of the date of the billing for such charges.
If Client does not notify Egate India within that time
period, Client has waived any right to dispute such
amounts, either directly or indirectly or as a set-off,
recoupment or defence in any action or efforts to collect
amounts due to Egate India.
Suspension of Services
Failure of Client to fully pay any fees when due may
be deemed a material breach of this Agreement justifying
suspension of the performance of Services to Client
at Egate India’s sole option. Any such suspension
of Services does not relieve Client from the obligation
to pay all amounts due Egate India under this Agreement
for the remainder of the Initial Term or the then applicable
Renewal Term. In the event of a suspension of Services
and upon a reactivation request by Client, Client shall
pay Egate India a INR reactivation fee in addition to
full payment of the outstanding balance due. Reactivation
of services will only be performed during Egate India’s
regular business hours. Accounts not brought current
in 30 days will be deleted.
Cancellation
Egate India reserves the right to cancel service at
any time. All fees paid in advance of cancellation will
be pro-rated and paid by Egate India if Egate India
institutes it's right of cancellation. Any violation
of policies which results in extra costs will be billed
to the customer (i.e. transfer, space etc.)
All of Egate India's
web hosting plans are backed by a 30-day money back
guarantee. If you are not satisfied with our services
or support within the first 30 days of your contract,
you will be given a full refund of the contract amount
excluding set-up fees, domain registration fees, add-on/upgrade
fees and overages.
Network
Security
Customers may not use the Egate India 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 the
customer, logging into a server or account the customer
is 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. Customers 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.
Egate India will cooperate fully with investigations
of 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.
Data
Integrity
Although backups are taken weekly of parts of the Egate
India servers for system integrity purposes, Egate India
makes no commitment that it will maintain backup copies
of its customers data. Egate India therefore recommends
that customers make their own periodic copies of volatile
data. Customers should also make their own web site
recovery plans in case they are affected by system or
component failure.
IP
Address Ownership
Egate India shall maintain and control ownership of
all IP numbers and addresses that may be assigned to
you by Egate India and Egate India reserves, in its
sole discretion, the right to change or remove any and
all such IP numbers and addresses.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE
AND HOLD Egate India HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST Egate India, 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 CUSTOMER,
IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO
DEFEND, INDEMNIFY AND HOLD HARMLESS Egate India AGAINST
LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON
OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH Egate India'S SERVER;
(2) ANY MATERIAL SUPPLIED BY 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 Egate India'S
SERVER.
Disclaimer
Egate India WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
YOUR BUSINESS MAY SUFFER. Egate India MAKES NO WARRANTIES
OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
Egate India DISCLAIMS ANY WARRANTY OR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS
OF DATA OR BUSINESS RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS
HOWSOEVER CAUSED. ALL SUB-NETWORKS, RESELLERS AND DEDICATED
SERVERS OF Egate India MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY OF THESE TERMS AND CONDITIONS
WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
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