Terms of Service
These terms of service apply to internet hosting services provided under the trading name of IndSoft System. Use of IndSoft System's services constitutes acceptance and agreement to these Terms of Service and the AUP (Acceptable Use Policy) which accompanies them.
Customers are required to adhere to these terms of service and the associated AUP. In the case of a breach of any of these conditions IndSoft System reserves the right terminate the offending account without notice or refund.
1. Finance and Billing
- Payment for all services provided by IndSoft System, are required to be paid fully in advance before the commencement of that service.
- Payments will be for a 1, 12, 24, 36 or 60 month contract period. The length of the contract period is chosen by the customer when signing up for an account.
- If the customer chooses a 1 month contract period then the contract will automatically renew for an additional 1 month period at the end of every month indefinitely until cancelled.
- Some services include a set-up fee. This fee will be added to the cost of the first contract period.
- Payments must be made through either IndSoft System's payment provider or an authorised reseller. IndSoft System reserves the right to change payment providers and resellers at any time.
- PayPal provides payment services to IndSoft System for customers paying via credit or debit cards or via the PayPal system.
- 2Checkout.com, Inc. is an authorised reseller of the services provided by IndSoft System.
- Notifications of payment will be sent by the payment provider or reseller. The delivery (or otherwise) of this notification is outside of the control of IndSoft System.
- Invoices will be downloadable from the web control panel once payment has been received.
- Customers in India will have Service Tax added to all bills at the prevailing rate.
- IndSoft System reserves the right to change prices at anytime.
- Cancellation and Refunds for Shared Hosting Accounts
- Customers may cancel their accounts at anytime via the web control panel.
- If a customer wishes to cancel their account within 60 days of the initial signup they may do so for any reason and receive a full refund.
- After the initial 60 day trial period customers will not receive any refund.
2. Cancellation and Refunds for Dedicated Servers
- Customers may cancel their accounts at anytime via the web control panel.
- Customers will receive a refund for any unused portion of their initial payment (apart from the current month). Set-up fees are non-refundable.
- IndSoft System reserves the right to suspend or cancel an account at any time, without notice and for any reason. In this event customers will be entitled to a prorata refund based upon the remaining contract period.
- IndSoft System reserves the right to suspend or cancel an account without notice or refund if it deems, in its sole discretion that the customer has failed to comply with the Terms of Service or the Acceptable Use Policy.
- Non-payment of service will result in a notification on non-payment being sent to the administrative email address for the account.
- If payment has not been received within 15 days of it being due the customer's account will be suspended until payment is received.
- If payment has not been received within 45 days of it being due the customer's account will be cancelled.
- Once an account is cancelled, IndSoft System is not responsible for the integrity of data associated with that account.
4. Contact Information
Customers are required to keep their contact details up to date and to include at least one email address which is not hosted by IndSoft System. IndSoft System is not responsible for any problems caused by out of date or inaccessible contact details.
Customers may not use IndSoft System's servers for any purpose which violates Indian, international law or any of the laws of the United States of America, Texas, the United Kingdom or the Client's locality.
6. Warranties and Limited Liability
IndSoft System services are provided "as is" and customers use of these services is at their sole risk. IndSoft System hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall IndSoft System be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in anyway out of the use of our services or software. Notwithstanding the above, IndSoft System expressly limits its damages to the Customer to those laid out in our Refund policy.
The customer agrees that it shall defend, indemnify, save and hold harmless IndSoft System, its agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney's fees) that may arise or result from:
- Any service provided or performed or agreed to be performed by a customer.
- Any product sold or otherwise distributed by a customer.
- Any material supplied by the customer in violations or allegedly in violations on any third-party intellectual property rights. Including, but not limited to copyright infringement, trademark violation and trade secret violation)
- Inaccuracy of any information provided by the customer. Including, but not limited to, libel and false advertising.
- Any customer's use of the IndSoft System service in an unlawful manner or in a manner which is in violation of IndSoft System's Terms of Service or Acceptable Use Policies.
- We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.
- We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time.
- We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service.
- You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material.
- You will keep your password secret and will not disclose it to any third party. You will notify us and change any password you believe has been compromised.
The email facilities we provide are intended to allow you to provide a professional presence for you or your customers domains, they are not to be used to provide a general purpose email service like hotmail, or for the sending of bulk email of more than 250 messages a day on average through our SMTP servers without prior arrangement.
- IndSoft System reserves the right to revise its policies at any time.
- If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these terms and conditions and Acceptable Use Policies.
Acceptable Use Policy
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with IndSoft System. If you engage in any of the activities prohibited by points mentioned in Acceptable Use Policy, IndSoft System may suspend or terminate your account without notice or refund.
IndSoft System's Acceptable Use Policy (the "Policy") is designed to help protect IndSoft System, IndSoft System's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by IndSoft System. IndSoft System reserves the right to modify the Policy at any time, effective upon posting at http://indsoft.net/legal.htm
Prohibited Uses of IndSoft System's Systems and Services. The following activities are prohibited:
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Transmission, distribution or storage of any adult material. This includes, without limitation, all pornography or otherwise lewd or obscene content.
Sending Unsolicited Bulk Messages ("spam"). The sending of any form of Unsolicited Bulk Messages through IndSoft System's servers is prohibited. Likewise, the sending of spam from another service provider advertising a web site, email address or utilizing any resource hosted on IndSoft System's servers, is prohibited. IndSoft System accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. This prohibition of Unsolicited Bulk Messaging applies to any and all forms of delivery including, but not limited to, email, usenet, any form of instant messaging, and VOIP. It also includes postings to web sites such as forums, blogs, bulletin boards and wikis. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by IndSoft System customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any IndSoft System-hosted domain, or referencing any IndSoft System account, is prohibited.
Impersonating another person or misrepresent authorization to act on behalf of others. All messages transmitted via IndSoft System's servers must correctly identify the sender and origin of the message. Users may not alter or attempt to disguise the attribution of origin in email messages, usenet posting or any other message.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user.
Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any IndSoft System customers or end-users by any means or device.
Knowingly engage in any activities designed to harass, or that will cause a denial-of-service to any other user whether on the IndSoft System network or on another provider's network.
Using IndSoft System's Services to interfere with the use of the IndSoft System network by other customers or authorized users.
Giving unrestricted access to our resources to untrusted users; this includes for instance running an anonymous ftp server or an open webmail service.
Storing material on our servers that is not for the primary purpose of hosting a website, and associated email functions. This includes, without limitation, storing backup data unrelated to your websites and emails or storing personal music or video collections.
Not rotating log files and not deleting them after a reasonable amount of time.
Customer Responsibility for Customer's Users. Each IndSoft System customer is responsible for the activities of its users and, by accepting service from IndSoft System, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an IndSoft System customer will be forwarded to the customer for action. If violations of the IndSoft System Acceptable Use Policy occur, IndSoft System reserves the right to terminate services with or take action to stop the offending customer from violating IndSoft System's AUP as IndSoft System deems appropriate, without notice.
Resource Usage/Fair Usage Policy
Having high-limit or unlimited access to resources does not mean, that you can use your hosting in a such a way that it negatively affects the server operation, for illegal purposes or in any way that violates applicable legislation.
It is also acknowledged by users that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. It is furthermore acknowledged by users that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Unlimited resource packages are designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all IndSoft Systems customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. IndSoft Systems at its sole discretion reserves the right to suspend or terminate Services on any account that, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason. Enforced resource limits for all hosting packages sold by IndSoft Systems
- 5 % CPU Usage
- Bandwidth of 5 GB per month
- 1 GB Memory
- 10 Running Processes
- 250 outgoing email messages per day
(The account would be automatically disabled for next 12 hours if this limited is exceeded/ Prolong usage would lead to termination of account with no refunds)