The use of services provided by PrimeCrown Technologies (P) Ltd. (hereafter referred to as "IndiaVPS.com") is subject to the following Terms and Conditions. Use of IndiaVPS.com's service constitutes acceptance and agreement to IndiaVPS.com's Terms of Service.
IndiaVPS.com reserves the right to modify the Terms of Service without notice.
1. Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of India or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify IndiaVPS.com of any unauthorized use of your account or any other breach of security. IndiaVPS.com will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Prohibited Usage
To better ensure that IndiaVPS.com accounts are not used for illegal/improper purposes, By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
1.Use the Service in connection with unlawful contests, Fraudulent activity, phishing, lotteries, , gambling, pyramid schemes, chain letters, forgery, impersonation, junk email, spamming or any duplicative or unsolicited messages (commercial as well as others).
2.Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
3.Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
4.Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
5.Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
6.Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
7.Upload files that contain viruses, Trojan horses, worms, time bombs, spywares, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property.
8.IRC and associated programs (including psybnc, "bots", etc…); Game servers, voice servers and related applications.
9.Publish, post, upload, distribute, Terrorist propaganda, racist material, hazardous materials, weapons, weapon builiding instructions, blue prints.
10.Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
11.Online crawlers, harvesting of data for distribution or internal use.
12.Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
13.Restrict or inhibit any other user from using the Services.
14.Violate any code of conduct or other guidelines which may be applicable for any particular Service.
16.Violate any applicable laws or regulations.
17.Create a false identity for the purpose of misleading others.
18.Host TOR exit nodes.
19.Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
20.Network probing, unauthorized port scanning, Denial of Service Attacks (DOS/DDOS) for any reason, is strictly prohibited.
3. Acceptable Conduct
You are responsible for the actions of all users (You, Customer, Client, Subscriber, and User refer to the party utilizing IndiaVPS.com services) of your account and any data that is created, stored, displayed by, or transmitted by your account while using IndiaVPS.com. You will not engage in any activity that interferes with or disrupts IndiaVPS.com's services or networks connected to IndiaVPS.com.
4. Invoice & Payment
Payment for Services is due in advance of the time period for which such payment covers. Services are billed on an automatic and recurring basis unless and until you follow IndiaVPS.com cancellation procedure. You agree that IndiaVPS.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 48 hours past due.
Depending on where you are located, taxes may be applicable to our services. These will be included in the cost.
Subscriber is aware that IndiaVPS.com may prospectively change the specified rates and charges from time to time. IndiaVPS.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by IndiaVPS.com. All refunds are subject to a $2.00 service charge unless cancelling within the 7 day money-back guarantee period. Services such as dedicated server, control panel license and domain registration are not entitled for refund.
5. Resource Usage
Healthy systems are important. If you have numerous activities that could cause problems, we may have to block or rate-limit these services. By way of example and not as a limitation resources like bandwidth, CPU, RAM are bounded to pack you are subscriped. Higher usage are not allowed.
6. Backup and Data Loss
IndiaVPS.com is not responsible for backups of user’s personal files and information, unless Customer specifically is paying IndiaVPS.com to do so. Additionally, IndiaVPS.com reserves the right to delete any information pertaining to user's accounts within a reasonable time that user is no longer a customer of IndiaVPS.com.
7. Account Cancellation or Suspension
IndiaVPS.com reserves the right to suspend network access to any customer if, in the judgment of the IndiaVPS.com network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which IndiaVPS.com chooses. IndiaVPS.com will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. IndiaVPS.com reserves the right to terminate service without notice for continued and repeated violations of the terms of service.
Services are billed on an automatic and recurring basis unless and until you follow IndiaVPS.com cancellation procedure.
8. Contact Information
IndiaVPS.com may need to communicate with its/s customers through email. It is the responsibility of the customer to furnish to IndiaVPS.com the appropriate contact email address for such correspondence. It is the responsibility of the customer to check email sent to the primary login email address on the account. It is the responsibility of the customer to contact IndiaVPS.com of any changes to their account, such as phone number, address, credit card information, etc. Customer will be required to provide verification for security purposes authorizing them to make any changes to that account.
9. No Warranties
IndiaVPS.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. IndiaVPS.com also disclaims any warranty of merchantability or fitness for a particular purpose. IndiaVPS.com will not be responsible for damages the customer suffers. This includes loss of revenue, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its’s own negligence, subscriber’s errors or omissions, or due to the fault of third parties.
IndiaVPS.com recognizes that the Internet is not a completely secure form of communication. IndiaVPS.com respects the privacy of its users and will not intentionally monitor communications from its users unless it is directed by governmental authorities to do so. Moreover, IndiaVPS.com will disclose any information about its users in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. IndiaVPS.com assumes no obligation to inform the user if such information is requested.
11. No SPAM
IndiaVPS.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. You agree to comply with IndiaVPS.com Anti-Spam Policy.
12. Compliance with foreign law
The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.
13. Right to Damages
In the event that an act or omission by the User that constitutes a violation of this AUP causes economic damage to IndiaVPS.com, IndiaVPS.com will have a right to claim and collect economic damage from the User.
IndiaVPS.com wishes to emphasize that in agreeing to the IndiaVPS.com Terms of Service, customer indemnifies IndiaVPS.com for any violation of the Terms of Service that result in loss to IndiaVPS.com or the bringing of any claim against IndiaVPS.com by any third-party. This means that if IndiaVPS.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against IndiaVPS.com, plus all costs and reasonable attorney's fees.
15. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of IndiaVPS.com services or the Terms of Service must be filed within six (6) months after such claim or cause of action arose or be forever barred.