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Terms and Conditions of Service
In providing its Internet Hosting service Focus India World Net is required to meet a range of legal and ethical responsibilities. In the interests of its customers and of the service provided to them, Focus India World Net 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 Focus India World Net indicates your acknowledgement that you have read and accepted these Terms and Conditions and that you agree to be bound by them. Focus India World Net reserves the right to suspend or cancel a customer’s access to any or all services provided directly or indirectly by Focus India World Net when we decide that these terms have been broken or intent of these Conditions has been abused.
Modification of this agreement
Focus India World Net 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 Focus India World Net web site. Focus India World Net 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 Focus India World Net are located at 2-F, Kamla Nagar, Delhi 110007, INDIA. The agreement between you and Focus India World Net 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 Focus India World Net 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 Scripts
Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal shared server operation without warning.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Focus India World Net is strictly prohibited. Unauthorized use of other people's accounts or computers Focus India World Net will act on any attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet spamming" (obtaining passwords by deception), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Focus India World Net customer, whether or not the attacked account or computer belongs to Focus India World Net, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.
IMPORTANT NOTE
Focus India World Net 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 Focus India World Net to be unacceptable use of Focus India World Net 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 Focus India World Net is strictly prohibited. Unauthorized use of other people's accounts or computers Focus India World Net 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 Focus India World Net customer, whether or not the attacked account or computer belongs to Focus India World Net, 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.Focus India World Net 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 Focus India World Net (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. Focus India World Net 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 Focus India World Net at info@Focus India World Net.com to request termination of services.
Pricing Disputes Client must notify Focus India World Net in writing of any disputed charges within 30 days of the date of the billing for such charges. If Client does not notify Focus India World Net 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 Focus India World Net.
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 Focus India World Net’s sole option. Any such suspension of Services does not relieve Client from the obligation to pay all amounts due Focus India World Net 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 Focus India World Net a INR reactivation fee in addition to full payment of the outstanding balance due. Reactivation of services will only be performed during Focus India World Net’s regular business hours. Accounts not brought current in 30 days will be deleted.
Cancellation
Focus India World Net reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Focus India World Net if Focus India World Net 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.)
Network Security
Customers may not use the Focus India World Net 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. Focus India World Net 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 Focus India World Net servers for system integrity purposes, Focus India World Net makes no commitment that it will maintain backup copies of its customers data. Focus India World Net 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
Focus India World Net shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Focus India World Net and Focus India World Net 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 Focus India World Net HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Focus India World Net, 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 Focus India World Net AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Focus India World Net'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 Focus India World Net'S SERVER.
Disclaimer
Focus India World Net WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Focus India World Net MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Focus India World Net 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 Focus India World Net 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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