Terms of Services & Conditions

Definition

• Advika Web Developments Hosting Pvt Ltd or AWDHPL or Advika Web means a company incorporated under the provisions of Companies Act, 1956. Having its registered office at F-1 First Floor 702 Vivek Vihar Shyam Nagar, Jaipur – 302019
• ‘Customer’ shall mean a person (including any entity or association of person) who has subscribed to the services after completing the required formalities i.e. Making necessary payment etc. And get activated services on AWDHPL Networks.
• The terms parent, “we”, “us” or “our” shall refer to AWDHPL. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
• ‘IP Address’ Means operation of Internet Services which required IP address (shared, static or dynamic) for each AWDHPL Services.
• ‘Domain Name’ is used to identify one or more IP addresses. For example, the domain name awdhpl.com represents about a dozen IP addresses. Domain names are used in URLs to identify particular Web pages.
• ‘Web Hosting’ is a type of Internet hosting service that allows individuals and organizations to make their website accessible via the World Wide Web.
• ‘VPS’ virtual private server (VPS) is a virtual machine sold as a service by AWDHPL.
• ‘Dedicated hosting service, Dedicated server, or managed host service’ is a type of Internet hosting in which the client leases an entire server not shared with anyone else.
• ‘Services’ shall mean all Web Hosting, Domain Name, Servers, Internet Data Center and allied services provided by AWDHPL to its customer.
• ‘ICANN’ is the Internet Corporation for Assigned Names and Numbers.
• ‘Business Day’, ‘Working Day’ refers to a working day between Monday to Friday excluding all Public Holidays.
• ‘Parent Products’ refer to all products and services of Parent which it has provided/rendered/sold, or is providing/rendering/selling through this Reseller Program.
• ‘Sub-Reseller’ refers to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is registered as a Sub-Reseller under the Reseller, or who resells Parent Products through the Reseller.
• ‘Account’ means an account opened with AWDHPL for the registration of domain names or for hosting the websites and related services and the payment for such registrations and other services.

Privacy Policy

• No information submitted by a buyer/customer/client will be used for any other purpose than to complete a transaction or address a customer service concern.
• We do not sell your personal information data to any third parties, however, advikaweb.com and its sister business firms may send you timely newsletters related to industry updates, technical updates, internet marketing, SEO, other online tools or latest webmaster related online/offline software.
• Please be informed that any phone call to our phone numbers may be recorded for internal training and quality assurance purpose.

Obligations of the Reseller

• The Reseller shall be responsible for providing customer service, billing support, and technical support to their Sub-Resellers, Lower Tier Sub-Resellers & Customers.
• The Reseller will not make any changes to any information or configuration of an Order without explicit authorization from the customer of that Order.
• Reseller acknowledges that Parent Products may be obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result, services may be adversely affected. Reseller acknowledges and agrees that AWDHPL shall not have any liability associated with any such occasion.
• Reseller shall provide a link to the ICANN webpage that identifies available Registrant rights and responsibilities on the site where the Reseller operates for domain name registration or renewal http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
• Re-Selling is not allowed on Shared hosting plans. If selling is desired, a reseller plan must be purchased.
• Reseller reselling services of the AWDHPL to his/her clients, agents, relatives or any other firm/company, on that eventuality AWDHPL, will not be answerable or responsible for any of the offense or breach of condition violation to any canons of law.

Customers & Resellers

• That, AWDHPL will provide and the customer will purchase and pay for the web hosting services according to the service fee specified in the order for the applicable service description. Customer acknowledges that service and service fee has been communicated to the customer and customer is aware of all applicable charges.
• AWDHPL have rights to take the decision, for services will provide or not provide. Order and Payment confirmation is not guaranteed of services will deliver by AWDHPL. If AWDHPL will not deliver services then AWDHPL will issue the full refund as per payment terms. AWDHPL will take the decision in 24-48 working hours time frame after getting payment confirmation.
• That, customer also agree to be bound by the service term selected on the online order form or via applicable promotional course that may require customer to order AWDHPL service for a certain minimum period of time.
• The account will be suspended If all payments fail within 3 business days from invoice due date. Account termination will result from invoices over due of 7 days. AWDHPL is not and shall not be responsible for data integrity, for any accounts that are terminated, disconnected or interrupted, because of customer’s failure to pay for AWDHPL services. The customer further agrees to pay all taxes applicable to your account.
• The customer also agrees to our refund policy. All billing disputes will be reported within 5 days from the date of Order.
• That, AWDHPL will be entitled to get the extra charges according to the principle of escalation.
• That, the customer may voluntarily cancel his account at any time, for any reason or for no reason, by filling out the cancellation request form, which will provided by the AWDHPL. Once the customer has canceled his account before the renewal date, no more charges will be recovered to the account. Cancellation on or after renewal will be charged renewal fee.
• That, the customer also agreed not to engage any activity which violates any international, foreign, federal, state or local laws as applicable on the date to the service terms described in this TOS. AWDHPL reserves its right to discontinue services to the customer if it deems in its sole discretion, violates any condition of service including, but not limited towards TOS also.
• AWDHPL is not responsible with store data by customers on the server. In the case of any disputes, the FTP log, email logs, other logs and other system specific details shall be made available to concerned government authorities if a proper request is received from concerned authority and if AWDHPL is able to retrieve from servers.
• All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed.
• That, AWDHPL does not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in its efforts to promote good citizenship within the Internet community, AWDHPL will respond appropriately, if AWDHPL detects any inappropriate use of its service.
• If any one customer’s websites, domain, VPS, Dedicated, Shared hosting, Reseller hosting, email services hack/misused by other people than AWDHPL are not responsible. The customer is responsible for check all data, logs etc time to time on websites, domain, VPS, Dedicated, Shared hosting, Reseller hosting email or etc services.
• The customer, as AWDHPL customer, is solely responsible for the content stored on and served by customer’s AWDHPL server. The customer is responsible for any misuse of customers account, even if the inappropriate activity was committed by a family member, guest, friend, customer’s employee, 3rd party or hackers. Therefore, the customer must take proper steps to ensure that others do not gain unauthorized access to customers account. In addition, the customer may not use its account to breach the security of another account or try to gain unauthorized access to another network or server.
• That, if the customer gives her/his website, FTP password, e-mail password or another password to any other person, company or relative and representatives, then upon misuse or any corrupt activities, AWDHPL will not be responsible in any manner.
• Invoices will be sent to the billing email address of the customer as mentioned in the registration form.

Refund Policy

• If you are not completely satisfied with our Web Hosting, Email Hosting & Reseller Hosting services, and you notify AWDHPL in writing via your Control Panel within the first 30 days of your contract that you wish to cancel, you will be given a full refund of the contract amount, excluding setup fees and overages. If a refund is due, you will be notified by email; it can take up to 30 days after cancellation of your contract to receive your refund.
• If you are not completely satisfied with our VPS Hosting services, and you notify AWDHPL in writing via your Control Panel within the first 07 days of your contract that you wish to cancel if you buy annual, you will be given a full refund of the contract amount, excluding setup fees and overages. If a refund is due, you will be notified by email; it can take up to 30 days after cancellation of your contract to receive your refund. And no refund policy if you buy monthly, quarterly or other terms.
• We have no refund on our other services like Domain Name, Dedicated Services etc.

Acceptable use Policy

An Acceptable use Policey (AUP) is necessary to ensure our hosting services are used fairly and our services operate reliably for all of our customers. Resources provided on our hosting services are governed by this AUP. We reserve the right to impose reasonable limits to reduce your usage or pair you with other users utilizing the same or nearly the same amount of usage if we believe your excessive usage is affecting AWDHPL services/systems or other users.

The client whom, in our reasonable opinion that have breached this AUP will be contacted by EMAIL and ask to upgrade his/her plan to a new dedicated server plan to reduce their excessive usage utilization. AUP may also suspend that client account prior to notify that client if that action is needed to bring stability to our systems/servers. Client suspensions prior to notification by AWDHPL is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

Shared & Reseller Hosting Restrictions at AWDHPL

• All users are restricted to 15 concurrent MySQL connections.
• Each Database & Email Mail Box Size not more then 25 MB.
• Database queries should not exceed 3,500 per hour.
• Database changes (insert/update/delete) should not exceed 1,200 queries per hour.
• Database servers should not be used as a hosted solution. Database access should only be used for the website hosted by AWDHPL.
• Remote database access is for administrative purposes only.
• Our Email attachment limit is 10 MB, you are now allowed to send files in excess of 10 MB.
• The limit of of outbound mail is set to 25 recipients to maintain the server performance. You are allowed to send maximum 50/mails/hour from your domain.
• POP connections are limited to 60 per hour.
• SMTP connections (outbound email connections) are limited to 50 per hour per server account.
• Mailing lists larger than 300 will require a semi dedicated, VPS, or dedicated server from us. Dividing one list into smaller parts to get around this limit is not allowed.
• Any mailing list must be throttled so that it sends an email every 6 seconds at the very minimum. If the mailing list software you are using doesn’t support throttling you must use something else. We do this as this keeps the server load from going very high and causing problems for other users. If you don’t do this you will be suspended.
• We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
• No Direct SMTP mailing system scripts are permitted. Mail should be relayed through the local MTA.
• We are not allowed many file ext on server like that mp3, wave, video files, sound files, psd, cdr etc.

You will not use AWDHPL Services (as determined by AWDHPL in its sole and absolute discretion) that :

• Pornographic, obscene or excessively profane content
• Content intended to advocate or advance computer hacking or cracking
• Gambling
• Illegal activity
• Drug paraphernalia or
• Hate, violence or racial or ethnic intolerance.
• Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding AWDHPL or AWDHPL Services.

• Customer may not operate Internet Relay Chat (hereinafter referred as “IRC” in short) servers using AWDHPL services.
• Customer may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, customer must comply with the rules and policies established by that IRC’s service administrator.
• Customer must not use any programs that may or will interfere with another’s use of this site or any AWDHPL services.
• Customer may not run any background processes on the AWDHPL servers, networks, or systems without prior written authorization from AWDHPL.
• Customer may not use any AWDHPL services to send denial-of-service attacks to any computer or network, or to “flood” any computer or network.
• Customer may not host any type of HYIP, auto surf, proxy, or bit torrent on AWDHPL servers.
• Customer may not use any AWDHPL services to make available to third parties for any use other than normal access to that account’s web site.
• Customer may not use service of the AWDHPL to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended.
• Customer may not use service of the AWDHPL to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting.
• Customer may not use AWDHPL Email services for send bulk, spam, promotion e-mails.

That, If AWDHPL account is used to violate the Acceptable Use Policy or its terms and conditions, the AWDHPL reserves the right to terminate its service without notice. The AWDHPL prefers to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. The failure of AWDHPL to enforce this policy, for whatever reason, shall not be construed as a waiver of its right to do so at any time.

AWDHPL reserves the right to add further restrictions to customer’s use of the AWDHPL services

AWDHPL gives assurance to provide the Services for twenty four (24) hours per day, seven (7) days per week throughout the term of this TOS and our support time between 10.30 AM to 6.00 PM on working days. The customer is agree, that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation as
followed :-

• Equipment malfunctions
• Periodic maintenance procedures or repairs that AWDHPL may undertake from time to time
• Causes beyond the control of AWDHPL or that are not reasonably foreseeable by AWDHPL, including, without limitation, interruption or software error or operating system error or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.

You acknowledge and agree that we have no control over the availability of this Site or the Service available at this Site on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regarded thereto.

• That, the AWDHPL shall not be liable under any circumstances for any direct and indirect, incidental, special or consequential damages, punitive or exemplary damages or for any loss of profits, loss of revenue, loss of use or loss of data resulting from the use of AWDHPL services by customer or any third party, regardless of the form of action or theory of liability.
• The AWDHPL will not be liable for any loss In any event of data resulting from delays, no deliveries, misdeliveries or service interruptions. It is also clarified that AWDHPL provides services and products as is without warranty of any kind, whether express or implied. The AWDHPL disclaims all implied warranties including merchantability and fitness for a particular purpose and the customer shall be solely responsible for the selection, use and suitability of the services.
• The AWDHPL does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or material assessed through its services.
• That, the AWDHPL shall not be liable or deemed to be in default for any delay or failure in performance under this TOS or interruption of service resulting directly or indirectly from acts of the God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbance, insurrections, accidents, fire, explosion, earth quakes, floods, the elements of strike, labour disputes, shortage of suitable parts, material, labour or transportation, magnetic interference, interruption of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunication or wireless service and any cause beyond the reasonable control of the AWDHPL.
• That, the AWDHPL will not liable for any problem with e-mail, database services, with E-mail Delivery time/no delivery/ any things.
• That, the customer is also agree that the AWDHPL has no control of availability of the services continues or uninterrupted basis. The customer further agrees that as a normal course of its business, it may be necessary for AWDHPL to migrate its servers. As a result, even though customer may have a dedicated IP, Customer may be assigned a different IP numbers. The AWDHPL does not warranty that customer will be able to consistently maintain customers given IP numbers.
• It is made clear that the customer shall be solely responsible for providing, updating, uploading and maintaining its website and any files, pages, data, works, information or materials, displayed, linked or transmitted to, from or through customer’s website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, e-mail or other massages, meta tags, domain names, software and text.
• The customer website content shall also include any registered domain names provided by the customer or registered on behalf of the customer in connection with the services.

If you did not set your domain names to automatically renew, when your domain name registration expires, we proceed with the following steps before canceling it:

• Before the expiry, we email you up coming domain renewal notifications. You can manually renew your domain name before expiry date.
• On the day after your domain name registration expiration date, we notify you of the domain name registration expiration and park your domain name. You can manually renew your domain name.
• On the 19th day after expiration, your domain name remains on hold but becomes subject to a redemption fee. You can manually renew your domain name, subject to any applicable renewal and redemption fees.
• On the 25th day after expiration, we put your domain name up for auction with a domain name industry auction service. You can manually renew your domain name, subject to any applicable renewal and redemption fees.
• On the 42nd day after expiration, we cancel your domain name. We delete all services associated with the domain name.

The registry might hold the domain name before releasing it for general registration. The email, send by us can be delivered in spam/junk box and it is not necessary that expiry date of every domain name would be sent by email. Please keep remembering the renewal date of your domain. Also, check your WHOIS Domain contact details and update proper contact details for notifications.

Backup & Restore Policy

AWDHPL will make every reasonable effort to protect and backup data for the client on a regular basis for Shared & Reseller Hosting Customer, And if order backup services with VPS or Dedicated Servers.

• It is the responsibility of the customer for maintaining his/her own backups time to time on other computers or safe place.
• That, if the occasion arises for need to recover data from a backup, the AWDHPL will make reasonable efforts to restore the data of the customer in the account from the appropriate backup, however it will be constructive notice to the customer that this service is intended to complement customers own backup to the computer of the customer, it is not a substitute for those backups, suffice to say that AWDHPL does not guarantee availability, completeness, currency or integrity of its backups.
• The AWDHPL does not or will not provide any sort of compensation for lost, inaccurate, incomplete or outdated data in the event that AWDHPL backups do not function properly, regardless of the reason for any such malfunction, even if the malfunction was due to the fault or negligence of the AWDHPL or any of its employee and agent, the AWDHPL had been informed of the possibility of such malfunction, any fault or negligence, which might cause to it.
• The customer is very well aware about this condition that backup policy does not create any warranty for whose breach, AWDHPL can be held liable.

Others

• That, the customer will not act against the terms and conditions of this TOS, nor it is permissible under the law. The customer will always work and use the services of the AWDHPL with the entire satisfaction and knowledge of the AWDHPL. The customer will not involve any such activities which harm to the AWDHPL in any manner, even customer will not be allow to do anything in shelter of the AWDHPL without prior information and permission in writing.
• That, the customer will comply with the all terms and conditions of the TOS as mentioned above, if he acts contrary to the terms and conditions of this TOS than the AWDHPL will be entitled to get the damages and compensation from the customer. That, the AWDHPL reserves the right at its discretion to make changes to this policy at any time. Please review website of AWDHPL periodically for changes. If customer has any queries concerning the above-stated terms and conditions then contact with AWDHPL.
• AWDHPL supports the protection of intellectual property. If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or a copyright claim for material on which you hold a bona fide copyright, please send the email on abuse@awdhpl.com.
• AWDHPL expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by AWDHPL in its sole and absolute discretion), including but not limited to the following:-
• to correct mistakes made by AWDHPL in offering or delivering any Services (including any domain name registration)
• to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts
• to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations
• to comply with requests of law enforcement, including subpoena requests
• to comply with any dispute resolution process
• to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit
• to avoid any civil or criminal liability on the part of AWDHPL, its officers, directors, employees and agents, as well as AWDHPL affiliates, including, but not limited to, instances where you have sued or threatened to sue AWDHPL.
• AWDHPL expressly reserves the right to login in any client server provided by Advika Web due to check logs, errors or other issues like abuse etc.
• AWDHPL expressly reserves the right to review every account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowed levels.
• AWDHPL expressly reserves the right to terminate, without notice to you, any and all Services where, in AWDHPL sole discretion, you are harassing or threatening AWDHPL and/or any of AWDHPL employees.

AWDHPL will make every reasonable effort to protect and backup data for client on a regular basis for Shared & Reseller Hosting Customer, And if order backup services with VPS or Dedicated Servers.

Customers must also agree for the following legal agreements :

Reseller Master Agreement

This is the main Master agreement that a Reseller signing up under you must agree to. Apart from this Master Agreement, he must also separately agree to terms and conditions for each Product he wishes to resell.

Registrar Registrant Agreement for Domain Names

This represents the Registrar Registrant Agreement for Domain Registration

Reseller Agreement for Domain Names

This represents the Reseller Agreement for Domain Registration

Reseller Agreement for Digital Certificate

This represents the Reseller Agreement for Digital Certificate

Reseller Agreement for Hosting

This represents the Reseller Agreement for Hosting

Customer Master Agreement

This is the main Master agreement that a Customer signing up under you must agree to. Apart from this Master Agreement, he must also separately agree to terms and conditions for each Product he wishes to buy.

Registrar Registrant Agreement for Domain Names

This represents the Registrar Registrant Agreement for Domain Registration

Customer Agreement for Domain Names

This represents the Customer Agreement for Domain Registration

Customer Agreement for Digital Certificate

This represents the Customer Agreement for Digital Certificate

Customer Agreement for Hosting

This represents the Customer Agreement for Hosting

This represents the Customer Agreement for Hosting
In any event of dispute the area of Jurisdiction would be Jaipur only.