Terms and Conditions / Acceptable User Policy

Disclaimer

Serverwala.com will not be responsible for any damages your business may suffer. Serverwala.com makes no warranties of any kind, expressed or implied for services we provide. Serverwala.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, hardware or software failures, hacking, wrong delivery, and any and all service interruptions caused by Serverwala.com and its employees.

Your use of the service is at your sole risk. Serverwala.com is not responsible for any files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Serverwala.com servers.

We reserve the right to refuse service to anyone. and any material stored in or going out of a account, which in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

When you open your Serverwala.com Hosting account, you join two communities. First is the

community formed by our network and our customers; the second community is the one made up of all networks and users connected to each other to form the Internet. Becoming a member of these communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. Serverwala.com Hosting has established an Acceptable Use Policy in order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of Serverwala.com Hosting 's Acceptable Use Policy. The following factors guide the establishment and enforcement of Serverwala.com Hosting 's usage policies:

Ensure reliable service to our customers

Ensure security and privacy of our systems and network, as well as the networks and systems of others Comply with existing laws

Maintain our reputation as a responsible service provider

Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

Preserve the value of Internet resources as a conduit for free expression and exchange of

information Preserve the privacy and security of individual users

Resource Usage :
Users may not initiate the following:
a) Use 20% or more of system resources for longer then 60 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 gaming servers such as counter-strike, half-life, battlefield1492, etc

f). You cannot offer services to third parties that are run off of Serverwala.com servers.

g).You cannot not Run or offer an email server offering free or paid email accounts on our   server to the general public.

h). You cannot Operate a online radio and or movie show, that uses our servers.

i).  You will not Run Scripts to Download any data from third party servers, this causes enough loads on our server to disrupt the service to other users and use of any such leech script is strictly prohibited.

J). You cannot Run scripts or programs which would affect security of our or other servers on the network.

K). Illegal uploads/Downloads: The use of Warez in any form, mp3 files(MPEG-1 Audio Layer 3 or in any changed file extensions form of such files), video files that you are not the artist or owner of, and all other forms of copyrighted softwares' that you are not legally allowed to store/use/distribute are all examples of violation of this Acceptable Use Policy.
L). Few examples of unacceptable sites and material include:
IRC Bots,
Proxy Scripts / Anonymizers,
Pirated Software / Warez, and ".img" / image hosting only sites that do not host an actual domain name/s,
Escrow services, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Bank/s Programs, lottery sites of any kind, muds / rpg's, or sites promoting illegal activities

Serverwala.com Hosting intends to provide its customers access to everything the Internet has to offer. While Serverwala.com Hosting is firmly committed to the principles of free speech, certain activities are damaging to the resources of both Serverwala.com Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of Serverwala.com Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

If a Serverwala.com Hosting account is used to violate the Acceptable Use Policy, we reserve the right to terminate or suspend your service without notice and you agree to indemnify Serverwala.com Hosting and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content of your website.

If an account is suspended for violation of our terms, Serverwala.com reserves the right to charge the holder of the account a sum of Rs.5000($109) as clean up or Administration fee.
 

Resellers are responsible for any violation of terms and conditions / acceptable user policy on or under their Account, Serverwala.com reserves the right to Cancel any such reseller account without any prior notice if multiple violations are noticed in any given period of time.

We prefer to advise customers of inappropriate behavior and any necessary corrective action.

However, violations of the Acceptable Use Policy will result in immediate termination or

suspension of service. Our failure to enforce this policy, for whatever reason, shall not be

construed as a waiver of our right to do so at any time.
 

All disputes are Subject to NAGPUR, INDIA Jurisdiction Courts Only.
 

Limitation of Liability:
Serverwala.com will not be liable for loss caused to you or your business due to circumstances beyond the control of Serverwala.com Like Direct Loss of Data and Back up data at the any level including Data Centre. Serverwala.com can only provide you a Fresh Account on a different Server with same amount of web space without backup of any Files lost during this move.

Any Losses Incurred Due to Suspension of Account, Serverwala.com is not Liable to Pay for any losses incurred by you or your business during the suspension period.

If you have any questions regarding this policy, please contact us at abusereport@serverwala.com

General Information

 Serverwala.com Hosting customers are prohibited from transmitting on or through any of

Serverwala.com Hosting 's services, any material that is, in Serverwala.com Hosting 's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law.

In general, you may NOT use your Serverwala.com Hosting account:

In a manner which violates any law, regulation, treaty or tariff;

In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Serverwala.com Hosting account; In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;

To threaten, harass, abuse or intimidate others;

To damage the name or reputation of Serverwala.com Hosting , its parent, affiliates and

subsidiaries;

To break security on any computer network, or to access an account which does not belong to you; or In a manner which interferes with other customers' use and enjoyment of the services provided by Serverwala.com Hosting .

Serverwala.com Hosting 's services may only be used for lawful purposes. Transmission,

distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Serverwala.com Hosting 's reserves the right to remove such illegal material from its servers or to immediately terminate your services.

The customer is responsible for keeping his billing data with Serverwala.com Hosting up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Serverwala.com Hosting reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information is only a

guideline, and is not intended to be all-inclusive.

Electronic Mail Certain Serverwala.com Hosting accounts give you the ability to send and receive electronic mail. Misuse of electronic mail may result in termination of service. The following examples are

non-exclusive and are provided for your guidance.

You may not use your account to send 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.

You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.

Forging, altering or removing electronic mail headers is prohibited.

You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail bombing").

You may not use electronic mail 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. You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.

Any amount of mail exceeding 120Mails/hour would be considered bulk mailing and lead to termination of account with/without prior notice.

Serverwala.com Hosting accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.

If you use the services of another provider to promote a web site hosted by or through

Serverwala.com Hosting , then the provisions of this Acceptable Use Policy shall apply to the

methods used to promote such site.

Web Sites-

Serverwala.com Hosting provides storage space and access for web sites through its Web Hosting services. In addition, dedicated accounts may provide for the hosting of web sites. Serverwala.com Hosting might routinely monitor the contents of your web sites.

You are solely responsible for any information contained on your web site. However, if

complaints are received regarding language, content or graphics contained on your web site,

Serverwala.com Hosting may, at its sole discretion, remove the web site hosted on Serverwala.com Hosting servers and terminate your Web Hosting service. You agree to promptly reimburse
Serverwala.com Hosting for any reasonable expenses it incurs (including attorney's fees) in

defending itself form third party claims relating to any of the content (whether created by you, your customers or your users) contained on your website.

You may not use your web site to publish material which Serverwala.com Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.

Objectionable content is otherwise legal content with which Serverwala.com Hosting concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.

Examples of prohibited web site content:

Materials which hold Serverwala.com Hosting including its affiliates, employees or shareholders up to public scorn or ridicule.

Materials which encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation. Security

Any site that offers hostess or free or fee based hosting accounts under the sub domain of its

master account. These types of sites severely degrade system performance and are NOT allowed.

You are responsible for any misuse of your account, even if the inappropriate activity was

committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or

account ("cracking"). This includes, but is not limited to, accessing data not intended for you,

logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. Serverwala.com Hosting 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.

Network Management

 You are responsible for ensuring that the services obtained from Serverwala.com Hosting are used in an appropriate manner by your customers and users. Therefore, you must take steps to manage the use of the services obtained from Serverwala.com Hosting in such a way that network abuse is minimized. You must also make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from Serverwala.com Hosting . Failure to responsibly manage the use of the services obtained from Serverwala.com Hosting may be cause for termination of services to you.

You must designate one or more individuals ("Contacts") to be responsible for every host, IP network or subnet connected to the Internet through the use of the services. You must provide Contact names, phone numbers, and postal and e-mail addresses ("Contact Information") to any and all appropriate Domain Name Registrars prior to the initial network connection of your service. You must keep Contact Information updated and accurate at all times. Changes in the Contact Information must be sent to the appropriate Domain Name Registrars in a timely manner.

Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems. For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to Serverwala.com Hosting via telephone 24 hours a day, 7 days a week.

Every customer who allows third party access to the services provided by Serverwala.com Hosting , whether such third parties are employees, users or customers, must maintain a postmaster address for the receipt of complaints by e-mail. Messages delivered to the postmaster address must be reviewed and handled in a timely manner.

Network Performance

Serverwala.com Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account without notice.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Serverwala.com Hosting systems or networks. Serverwala.com Hosting reserves the right to terminate or limit such activities.

Internet Relay Chat

You may not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network or channel. IRC BOTS ARE PROHIBBITED.

You may not engage in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting

terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors.

You may not attempt to impersonate other users. The use of nicknames does not constitute

impersonation. You may run "clones" (multiple simultaneous IRC connections) and "robots" only as permitted by the host IRC server.

Illegal Activity

Any activity on our network that is a violation of any state or federal law is a violation of this

policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:
 

Transmitting obscene materials or child pornography

Hosting web account names those are similar to famous Internet companies intending Phishing.

Intentionally spreading or threatening to spread computer viruses

Gaining or attempting to gain unauthorized access to any network, including Serverwala.com

Hosting 's private network infrastructure

Accessing or attempting to access information not intended for you

Transmitting pirated software

Conducting or participating in illegal gambling

Soliciting for pyramid and other illegal schemes.

Serverwala.com Hosting does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in Serverwala.com Hosting 's sole judgment),

(ii) sexually explicit images (including on banner ads) of models that appear to be under the age

of 18 (in Serverwala.com Hosting 's sole judgment); or (iii) sites containing language promoting

child pornography together with any sexually explicit or nude images. As required by federal law in the United States, Serverwala.com Hosting will forward all offenders of this policy to the

appropriate federal agency.

Privacy Statement

Serverwala.com Hosting has a policy to respect and protect the privacy of its customers and their information that is stored with Serverwala.com Hosting . Serverwala.com Hosting will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the Serverwala.com Hosting Services, to operate or maintain its systems or to protect itself or its customers

LIMITED 7-DAY MONEY BACK GUARANTEE

If your web service account has been cancelled or terminated by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund.

Domain name registration fees is non-refundable.

Please Call +91 93 73 21 42 12 (India)