Terms and Conditions governing Our Contract with you - Please read carefully.

This agreement is for our Web Hosting Services.

AwareINDIA wishes to provide our customers with a positive web hosting experience. To accomplish this, all customers need to follow the same rules and guidelines. These policies are intended to maintain AwareINDIA's high quality level of services and make them available to all our customers on a fair, consistent and efficient basis.

By accepting web hosting services from AwareINDIA, you acknowledge your acceptance to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not order.

Web Site Content

Our servers may be used for lawful purposes only. While using AwareINDIA's Services, you may have access to services that allow you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on our Network any defamatory, illegal, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content in violation of any US or Indian laws, Federal, state or local. You are solely responsible for the content you make accessible while using AwareINDIA's servers and networks. You may not use the service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

AwareINDIA is not obligated to monitor the network for the purpose of examining customer's content. You hereby acknowledge that if we are made aware of content that is determined to be, in AwareINDIA's sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, AwareINDIA has the right, but not the obligation, to edit, remove or deny access to such content. AwareINDIA may disclose any content or records concerning customer's account as required to satisfy any legal requirement, regulation, government request or court order.

Pornography and sex-related merchandising are expressly prohibited on AwareINDIA servers. This includes implying sexual content, display of nudity, or any link to adult content anywhere else. This is also true for sites that promote illegal activity of any type or content that may be damaging to AwareINDIA's servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed.

Non-acceptable content or links include but are not necessarily limited to:

Adult Content Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. 

Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3). 

Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers. 

System Security
Customers may not use AwareINDIA Networks to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any 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. AwareINDIA 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.

Use of CGI Scripts
Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. If any CGI-scripts are deemed to be adversely affecting the server performance or the network integrity, they may be shut down without prior notice. CGI-script sharing with domains not hosted by AwareINDIA is not allowed.

Chat Rooms & Conferencing
AwareINDIA prohibits its customers from installing outside chat rooms on their domain, without the express written permission of AwareINDIA as these tend to be a resource problem.

Internet Relay Chat
AwareINDIA currently prohibits its customers from operating IRC or IRC Bots on any of our web site hosting servers. On-line Conference Centers hosted on a separate servers are available for a monthly fee that include IRC compatible chat rooms.

Excessive Resource Usage
Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. 

a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

b.) INODES
The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password.

Programs Running in Background
Background programs are prohibited unless prior approval is received from AwareINDIA. AwareINDIA will consider requests on a one for one basis. approved, extra charges will be assessed based on resource requirements or system maintenance.

Spamming Not Permitted
You must not use any AwareINDIA Network, AwareINDIA's equipment or any AwareINDIA email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the AwareINDIA Network, AwareINDIA equipment or any AwareINDIA email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

When any customer is found to have been engaged in spamming in violation of this agreement, AwareINDIA reserves the right to disable that customer's web site without warning. In addition, AwareINDIA may impose a $200 penalty for each spam policy violation. AwareINDIA solely reserves the right to refuse or cancel service to spammers. AwareINDIA reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Such cancellation of services for cause, specifically the reasons provided herein, shall automatically void AwareINDIA's 30 Money Back guarantee.

Obscenity
Violation of indecency and/or obscenity laws is not permitted on AwareINDIA's networks and can result in criminal penalties.

Copyrights and Infringement
Material available to you when using AwareINDIA's services may be subject to protection under the Indian / United States or other copyright laws, or laws protecting trademarks, trade secrets and/or proprietary information. Except when expressly permitted by the owner of such copyrights, you must not use the AwareINDIA Internet Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, that you access or receive through the AwareINDIA Network. If you use a domain name in connection with AwareINDIA Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation Prohibited
Defamatory speech distributed over the Internet can result in civil liability for the defamer. 

Refusal of Service
AwareINDIA reserves the right at its sole discretion to refuse or cancel service. Violation of any of AwareINDIA's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded including during the 30 Day money back guarantee period.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

Uptime Guarantee:
AwareINDIA guarantees that the network will be available 99.9% of the time in a given month (no more than 50 minutes downtime per month), excluding scheduled maintenance. If downtime exceeds 50 minutes, AwareINDIA will refund the customer 50% of the monthly fee. If downtime exceeds above 1%, you get full refund of your monthly fee. If downtime exceeds 2%, you get refund of twice your monthly fees. All refunds are processed using paypal, made to your paypal account. Paypal may charge you a transaction fee which is borne by you. Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Network downtime exists when a particular customer is unable to transmit and receive data and AwareINDIA records such failure in our online support system. Network downtime is measured from the time the ticket is opened by a customer (In Online Support System) to the time the server is once again able to transmit and receive data.

Infrastructure Guarantee

AwareINDIA guarantees that the critical infrastructure systems, including power and HVAC, will be available 99.9% of the time in a given month (no more than 50 minutes downtime per month), excluding scheduled maintenance. After 60 minutes, AwareINDIA will refund the customer 50% of the monthly fee. If downtime exceeds above 1%, you get full refund of your monthly fee. If downtime exceeds 2%, you get refund of twice your monthly fees. All refunds are processed using paypal, made to your paypal account. Paypal may charge you a transaction fee which is borne by you.

Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and AwareINDIA records such failure in the Online Customer Support System. Infrastructure downtime is measured from the time the customer opens a ticket regarding server downtime to the time the problem is resolved and the server is powered back on.

Hardware Guarantee

AwareINDIA guarantees the functioning of all leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once AwareINDIA identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 24 hours of problem identification. In the event that it takes us more than 24 hours to replace faulty hardware, AwareINDIA will refund the customer 50% of the monthly fee after the end of this 24 hour period. If downtime exceeds above 1%, you get full refund of your monthly fee. If downtime exceeds 2%, you get refund of twice your monthly fees. All refunds are processed using paypal, made to your paypal account. Paypal may charge you a transaction fee which is borne by you.

Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

AwareINDIA to be Held Harmless

Customer agrees that it will protect, indemnify, save and hold AwareINDIA harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against AwareINDIA, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold AwareINDIA harmless against liabilities arising out of;

1. any injury to person or property caused by any products sold or distributed in association with AwareINDIA's Services;

2. any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; 

3. copyright violation and any defective products sold to a customer from AwareINDIA's Services.

In addition to the above, you agree to the following :

1. AwareINDIA reserves the right, in its sole discretion, to deactivate the Client's service(s) upon an indication of credit problems including delinquent payments. Methods such as, but not limited to, changing Nameservers, whois contacts and any and all ways and means as the Provider sees fit to ensure stoppage of services.

2. AwareINDIA is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason.

3. While AwareINDIA shall make every reasonable effort to protect data for Client, AwareINDIA is not responsible for Client's files residing on AwareINDIA's Servers. Client is solely responsible for independent backup of data stored on AwareINDIA's Servers. However, we are also offering a daily backup service as an upgrade from within your members area.

4. AwareINDIA maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. 

5. When an order is placed with AwareINDIA by the Client, it is assumed that the Client accepts this Service Contract.

6. Subject to Mumbai, India jurisdiction.

Disclaimer
AwareINDIA will not be responsible for any damages your business may suffer. AwareINDIA makes no warranties of any kind, expressed or implied for services we provide. AwareINDIA disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by AwareINDIA and its employees. AwareINDIA reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

AwareINDIA furthermore expects that its customers who resell our Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this policy. Finally, AwareINDIA wishes to emphasize that in accepting services, customers indemnify AwareINDIA for the violation of any law or AwareINDIA policy, that results in loss to AwareINDIA or the bringing of any claim against AwareINDIA. This means that if AwareINDIA is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against AwareINDIA, plus costs and reasonable attorneys' fees.

Should any portion of this Terms of Use Agreement be found to be in violation of any law in any locality, then this agreement shall be deemed to be modified only to the extent necessary to be considered legal and enforcable in such locality only.


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