Web Hosting Agreement And Terms Of Service
Branding Height Technologies - Upto Standard policies and terms for our web-services
Below mentioned are the use policies and terms of services, Well-disposed to Branding Height Technologies these terms and policies are mandatory for signing up with us and using our hosting services. Kindly ensure to read thoroughly and cling to the same. Feel free to contact us, in case of confusion/question. The right to change the use policies and terms is solely reserved with Branding Height Technologies. We carry a huge community of clients. Our first concern has always been to care for the security of each client and to provide best possible services, so we have laid the following guidelines: *Branding Height Technologies is not liable for refund in case we find any sort of infringement in the respective account. We shall not entertain the refund for such accounts under any circumstances.
Change In Packages And Pricing Slots
Branding Height Technologies carries the sole right to change the structure of package/plans and prices, at any point of time. The information regarding prices and services available on our website may be changed at any point of time, without prior intimation. Increase of prices would be a sole decision of Branding Height Technologies. This would be effective for the new deals but the orders placed prior to announcement would be treated on previous slot.
Account Setup Your account would be setup after the receipt of your payment is received and confirmed by Branding Height Technologies on completion of screening procedures. It is your liability to give us proper information to verify the same and if you don't do so your account creation will be delayed.
Late / Non-Payment
- In cases of re-activation of cancelled accounts, Rupees 2000 would be charged as administrative fee.
- If your account gets overdue by 7 days all technical support would be rescinded.
- If your account gets overdue by 14 days, your site and other services will be suspended.
- If your account gets overdue by 30 days, your sites and data would be deleted from all our systems.
- We will try our best to contact you, by all the possible means, yet it is your (client's) responsibility to keep up accurate and updated details, like address, contact and billing information etc.
- In case of Credit Card Chargeback and reverse the transaction, your account would be terminated and all your websites, data, details, emails etc. would be immediately deleted.
Regular updates of details- We use the contact details that are contemporarily available with us. In case, you fail to receive our notices due to changed contact address (which you have not updated with our records), we will not be responsible for the same. The responsibility to keep information current totally lies with the clients. We are not responsible for the action taken in consequence to the client's failure to receive/respond to the notices sent by Branding Height Technologies.
We carry zero forbearance approach towards Unsolicited Commercial Email (UCE) or SPAM, on our network. None of our customers or associates is permitted to use our network for managing Unsolicited Commercial Email. Resellers of the Branding Height Technologies shall not host, or consent hosting of, sites or any information publicized by UCE from other networks as well. Contravention of this policy may result in strict penalty, including immediate annihilation of services.
We initiate instantaneous investigation upon the notification of such violation with our spam and UCE policy. For the duration of this investigation we may put a ceiling on client's access on our network. In case the violation gets confirmed after investigation, we reserve rights to cancel, abort or terminate the respective account, without a prior notice. In addition, we hold right to follow civil course of action, for the cost allied with the investigation.
We may notify law enforcement officials if the violation is proved as a criminal offence.
The violations of this policy will result in penalties. We would charge Administrative Fee against these violations. The first case of such violation would be charged as Rupees 2000 with termination of Customer's account. The repetitive case or second violation will be charged as an administrative fee of Rupees 5000 with instantaneous termination of Customer's account. Spamming is prohibited with us so PLEASE, DO NOT SPAM from your account.
Our resellers would be solely accountable for the activities of their clients on network of Branding Height Technologies, hence we suggest our resellers to develop analogous policy for their clients.
Branding Height Technologies doesn't allow mass mailing from its shared servers. We do not entertain any type of deals with such sites. Sending mails in bulk quantities should not be done with your account on SMTP server. We suggest you to take specialized services from the third party or you may go for your own dedicated server.
Proscribed use of services and products
The mode to use our services is a sole decision of company, and all our clients and associates have to follow the same, in any circumstance.
Customer may only use Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
- Illegal Activities: Broadcasting, storage, or circulation of any information, data, or material in breach of any relevant law or guideline, or that might facilitate the breach of any particular law or regulation is strictly forbidden. We reserve the right to assist with legal authorities or wounded party during investigation of any alleged crime.
- Injury or peril to other members: None of our client is allowed to use our services or products to destruct, or attempt to destruct, in whichever means, as well as not for pornography, or send out any material, by any mode (e-mail, uploading, redistribution or otherwise) that terrorize or promote physical injury or obliteration of belongings.
- Copyright or trademark contravention: Clients can not use any of our service products to broadcast any material (by e-mail, uploading, posting or otherwise) that violates any copyright, patent, trademark, or trade surreptitious or other proprietary civil liberties of any third party, including, but not limited to, the unlawful copying of copyrighted material and digitization and circulation of images or photographs from any source like magazines, books, or other copyrighted sources, and the illegal allowance of copyrighted software. Clients can not use services or products to assemble, or try to assemble, private information/details about third parties, devoid of their knowledge or written consent. Circulation and/or redistribution of copyrighted or the aforesaid intrusion will not be endured.
- (I) With this registration, you agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of Branding Height Technologies,
Maltreatment Of System And Network
Contraventions of system or association security are forbidden. These kinds of activities may lead to criminal and civil liability. We shall file a criminal case for any of the activity intended to leak or attempt to leak in network security (importantly including below mentioned)
- Prologue of malevolent programs in our network or any server owned by us. The common examples are viruses and worms. The "disruption" also includes, but is not limited to flood pings, port scans, packet spoofing and forged routing information as well.
- Carrying out security breaches or disturbances of Internet communication. Security breaches comprise approaching data, of which client is not an anticipated receiver. This also includes cataloguing into a server or account that client is not particularly endorsed to access.
- Any sort of network monitoring which seizes data unintended for the sever of the customer is subject to execution.
- Users are not allowed to use any program/script/command to interrupt or disable any terminal or account.
- Creation of an active?? full duration connection on an account provided by the company by the employment of artificial means through programming, software or any other such method.
- Any attempt to surround or change monitoring, utilization reporting, bandwidth tracking or other such actions which consequently complicates the conventional operational functions of the company, comprising but not confined to changing, removing or in any manner altering or tampering with the log files created by the company.
- Determination of any action by the company, in its own discernment, will negatively affect the operations of the company or reflect poorly on it.
- Some act which the Company deems to be an unacceptable use of resources, business practice or otherwise intolerable to the Company.
Proscribed Scripts And Programs
There are fixed standard rules applicable to all scripts. Read ahead to know these rules:
- The duration of script use on processor, should not exceed from a few seconds otherwise it would be removed.
- Scripts are not allowed to use large amount of system resources. In case script consume lager amount of RAM or processor, account would be immediately suspended, awaiting a substitute solution.
- Same way in case a site found using 10% amount of system resource would be instantaneously suspended, awaiting a substitute solution.
- Referred or external sites are not allowed to use any scripts.
- Branding Height Technologies's server does not allow the use of scripts 1.interact with the hardware 2. Interact or influence server configuration files. Infringement with this policy may result in immediate suspension of account, without any prior intimation.
- Use of resource incentive scripts like chat room scripts coded in Java or Perl are not allowed on Branding Height Technologies's server.
Branding Height Technologies has debarred following scripts because they are supposed to be either resource hogs or detrimental:
- Eggdrops and IRC Bots (PSYBNC, etc.)
- IRC Servers/clients (ircd, etc)
- IRC BNCs (PsyBNC, BNC)
- Network/System Security Auditing Tools
- Daemon Processes
- Game Servers
- Proxy Servers
- Web/CGI based telnet servers
- The Anonymizer
- Any Soap Mailers
- Transmission of Unsolicited Email or SPAM
- Portscanning CGIs
- Security Auditing CGIs
- false identity & pyramid/ponzi scheme Scripts
- Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives.
- Any script that uses & processes a massive number of flatfiles or large flatfile databases.
LOSS OF BACKUP AND DATA
Usage of our services is at your own solitary risk. Branding Height Technologies is not accountable for any data and/or files domiciling on your account. You agree to be responsible for Data transfer, files and maintenance of proper backup of data and files put up on Host Gator servers. We are entitled to take weekly backups of data which have been changed or are new. These backups serve the purpose of server restoration. The clients are solely responsible for taking the backup of the files owned by them which can easily be done with the help of the Backup Manage??, included in each control panel.
CGI SCRIPTS Sharing of scripts with the domains which are not hosted by Branding Height Technologies is not allowed. Whichever CGI-scripts supposed to be negatively disturbing performance of our server or network integrity would be subjected to be closed immediately, without prior notice. Use of CGI, has to be followed by a written permission from Branding Height Technologies.
Mailing List Hosting
We do not entertain any hosting for the running of mailing lists. Any mailing lists found in our servers will be shut down by us without any prior notice. Pornography or any other sex related marketing are subjected to prohibition on any of the servers of Branding Height Technologies. Any site that contains sexual content or links to any sort of adult content elsewhere is included in this. The same holds true for the sites which encourage any illicit activity or are in any way detrimental to Branding Height Technologies servers or any other internet server. Even links to such sort of materials are subject to prohibition.
We provide support only through E Mail.
Sales: [email protected]
Support: [email protected]
Billing Inquiries: [email protected]
Abuse Inquiries: [email protected]
Support for the problems and issues in control panel, would be provided to certain limitations including basic functions like addition or deletion of accounts, DNS functioning, change of password etc. Limited support would be provided for third party software such as PHP-Nuke, Advanced Guest Book, phpBB, osCommerce, etc. Moreover, Branding Height Technologies will not entertain any Free Add on scripts inclusions on the control panel, matters related to software error or bugs which come as a 3rd party member and have to be directly reported to the software vendors for any kind of support. Web development, 3rd party scripts and software such as installation, maintenance and compatibility and/or current day-to-day administration tasks such as email accounts,domains and establishing new users are not the fields of concern for Branding Height Technologies. However, Branding Height Technologies may aid initial custom configuration or set up of the server, which include email accounts, domains, establishing new users and software adjustments, at its own Branding Height Technologies (which includes SSL Cert, clientexec, etc.) without charging any additional amount.
Installation of 3rd Party software: Users carry complete responsibility in case they install 3rd party software in web space. Tracing of hack or unusual activates due to less security in software, would be resulted as termination of account without prior notice.
Specification And Limitations Of Responsibilities
Any damage including accompanying or momentous damages, caused for unavailability or being offline of our servers.
Branding Height Technologies shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever.
Branding Height Technologies is not accountable for any claim compensation, counting incidental or consequential compensation which might be turned out from the sleaze or removal of any website from any of our servers. Immediate termination of services has to be the final or maximum limitation in such cases.
Stipulation & Disclaimer
Branding Height Technologies is not responsible in any case of loss of data, crashes and system failure/downtime. In addition we are not accountable for any envisaged guesstimate of profits, client may achieve with the functioning of their website. Branding Height Technologies also resell few of its services hence certain tools, routing, software, or programming used by us, are not directly possessed or written by Branding Height Technologies. Branding Height Technologies carries no accountability for the utilization of our client's accounts. Failure to follow any terms or conditions, would lead the account to the deactivation, without any discussion. Decision to delete or deactivate any account, would be solely based on terms set by Branding Height Technologies, and can be taken without any notice or prior intimation. Additionally we reserve the sole right to change or modify these policies, guidelines and disclaimer, at any point of time, without any prior notification.
Branding Height Technologies owns the right to change / modify the Terms and Conditions at any point of time. (Already on our website).
Branding Height Technologies has exclusive authorization to shield all the information / material / services / contents by copyright law and other intellectual property laws. Replications of any information / material / services / contents would be a subject of legal action under the law of copyright.
Guidelines for use of Site Information and Materials
Viewing / downloading / printing / distribution of material and information available on Branding Height Technologies are subject to following stipulations:
- Use of information should only and strictly be non commercial, whilst it can be used for personal or informational usage.
- Commercial use of information is approved only with preceding written sanction from Branding Height Technologies.
- Deletion of any proprietary notice or copyright enclosed in documents is strictly forbidden.
- Branding Height Technologies carries the right to rescind the print, view, download, distribute, and circulate the information uploaded on Branding Height Technologies at any time even without any predefined schedule.
- The rights granted to you constitute a license and not a transfer of title.
The aforementioned rights to view, download, print, distribute the information available on Branding Height Technologies are not applicable to the design and layout of this site. Branding Height Technologies has protection of Trade dress and other laws and hence is not permissible to be imitated as intact/in entirety or in parts.
Warranty and disclaimers excluding provided in a written agreement amid you and Branding Height Technologies. All the material & services on this site are devoid of any kind of warranty either articulated or oblique but not bound to the obscure warranties of commercial ship or suitability for a scrupulous reason, or the warranty of non-contravention. With no restraining to the prior, Branding Height Technologies provides no warranty that:
- The services and materials would be strictly in accordance to your requirements.
- Fault freeness, security, uninterruption and well timely execution of services and materials.
- Accuracy effectiveness and reliability of services and materials and services.
- Immediate correction of any software error is not guaranteed by Branding Height Technologies.
- A few circumstances or jurisdiction do not permit of obscure warranties or restrictions on the duration during which the warranty would last. Therefore the abovementioned limitations may not apply to you to the extent acceptable. Kindly note any implied warranty that would limit to a maximum duration of 90 (ninety days).
- Relevancy and contemporariness of data / information is not guaranteed by Branding Height Technologies.
- Branding Height Technologies. is not accountable for any error of omission and editing of information / document / materials.
- This site possibly will comprise technical errors, inexactness, typing or other errors.
- In any case Branding Height Technologies and its associates would not be liable to any third party for any special, disciplinary, accompanying, indirect or momentous damage of any kind.
- Branding Height Technologies is not responsible for any damage to your computer system or data loss while downloading any information from this site. User would be solely accountable for any and every kind of data loss / technical problem.
- The links existing on this site are not being commanded by Branding Height Technologies. Hence we do not represent or recommend any of them. The right of entry of these links is not under control of Branding Height Technologies therefore we are not responsible for any kind of precision and reliability of information / facts available on non-Branding Height Technologies websites.
- Branding Height Technologies is contacted / accessed and is used in various countries because of which it may contain such programs or services which are not publicized in your country.
Logo and trademark and services marks put on view on this website for viewing are solely owned by Branding Height Technologies and any personal or commercial use of the same is strictly prohibited, without the written permission of Branding Height Technologies.
- All the information provided by you, would be used in accordance to respective laws.
- The information / data provided by you shall not be shared with any external organization or for any other commercial usage without your written consent. It would be however available to all the divisions / sister concerns / ventures of Branding Height Technologies.
- In order to facilitate the utilization of the services and maintain the continuity of a visit & help navigation on the site, we make use of temporary cookies.
- Updating / modification / deletion of your data / information would be done on your written request only.
Payment and Refund Issue
- All the payments would be accepted on standard modes set by Branding Height Technologies.
- As we at Branding Height Technologies keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund. We clearly mention here that the paid amount would not be refunded in any circumstances.
- Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or chargeback.
- If Branding Height Technologies under special consideration in certain cases decides to refund any amount then it would assign 48 hrs for shift of the site, domain etc. All the necessary usernames & passwords for FTP / Domain etc. would be provided for smooth shifting to the service provider or you (if you decide to though we strongly recommend that you go with a professional service provider). The company will not provide the content through any other media such as CD, pen drive, movable drives etc. to avoid unwanted complications and technical issues. On provision of this information, you would be solely responsible for the login information as well as content of the sites so provided.
- All payments for services at Branding Height Technologies have to be made in favour of "Branding Height Technologies" only. We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) for any services rendered by Branding Height Technologies. You are informed that under no circumstances will Branding Height Technologies be liable for any damage caused in your business transaction to such fraudulent individuals or organizations.
Matter of Disputes and Jurisdictional Aspects
For any kind of legal dispute related to Branding Height Technologies would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary's laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental use Branding Height Technologies is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Branding Height Technologies, contains the entire agreement between you and Branding Height Technologies regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
We anticipate that the aforementioned information would enable you to shrewdly use the facilities and services offered by Branding Height Technologies and strengthen our business associations as well. With the warmest greetings, Team Branding Height Technologies is all set to assist you to serve with the best possible solutions.