General terms announced by Nextway.
You are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided.
As a Web Hosting Provider ("WHP"), we offer our clients the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our clients to be fully informed of their rights and obligations — and ours — in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each client’s respective services agreement (the "Services Agreement"), is intended as a plain English guide to those rights and obligations.
Internet is not bound to countries and physical boundaries. It has its own ETIQUETTE’S and PRIVACY of ELECTRONIC MAIL. Anyone who is trying to SEND UNSOLICITED MAIL in India or abroad is TRYING TO INVADE PRIVACY, which directly violates our policy.
The fundamental fact about the Internet is that no one — neither us, nor anyone else — owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When clients obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that clients may acquire. For this reason, the client must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our clients that results from inaccurate, unsuitable or offensive Internet communications.
When clients disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our clients may create. This places on clients what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both clients and non-clients of ours, clients’ postings to the Internet may affect other clients and may harm our goodwill, business reputation and operations.
For these reasons, clients violate our policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:
Customer Spamming Policy – Nextway has zero tolerance for spam originating from our clients, or from our clients’ clients, or for spam advertising web sites of our clients or our clients’ clients.
The Policy :
Nextway has the right to charge $1000 (INR 50000.00) per complaint to investigate.
Nextway does not deal with your clients or their clients etc.; we hold our clients responsible for dealing with spam from or about their section of the network.
On any complaint from our dedicated server provider we will suspend your account and depending on the investigation you may be charged our US$ 1000 (or INR 50000.00) fee.
If at anytime we determined that you are deliberately violating our AUP we will either suspend or terminate your server at CBR sole discretion. The 1000 USD investigation fee will apply if we determined that you are deliberately violating our AUP.
All notices about spam complaints will be sent to the email address that you signed up with or the one that we have on file.
Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our clients.
Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, which may include:
Sending UCE referencing an email address for any domain hosted by the Company
Sending UCE referencing an IP address hosted by the Company
Harassment, whether through language, frequency or size of messages
The Company will be the sole arbiter as to what constitutes a violation of these provisions. Customer will be face immediate account suspension and/or termination without refund, as well as further penalties for any instance of a verifiable UCE that is reported to the Company.
Copyright Violation — Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringe, and can involve the WHP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties. Defamation — Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the WHP whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks
The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities –
Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.
Bandwidth & Utilization
The Company provides the space and transfer limitations in good faith to our Customers so that they may create their Websites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service the Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites who seek to take advantage of the Company unlimited storage or traffic plan in any other way, will, at the discretion of the Company, have their sites canceled and/or removed from the servers. The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies.
Whether lawful or unlawful, that we determine to be harmful to our clients, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet. Also any acts by anyone in a bid to harass or defame the Company may result in legal action, compensation charges or a combination thereof. The Company will be the sole arbiter as to what constitutes a violation of this policy.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. We will not, as an ordinary practice, monitor the communications of our clients to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a client’s contract with us.
We also are aware that many of our clients are, themselves, providers of hosting services, and that information reaching our facilities from those clients may have been originated by clients of those clients or other third parties. We do not require our clients who offer hosting services to monitor or censor transmissions created by clients of its clients. At the same time, clients who knowingly transmit materials that violate law or our policy are, themselves, in violation of our policy.
Similarly, we anticipate that clients who offer hosting services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our clients. Failure to cooperate with such corrective and preventive measures is a violation of our policy. We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, we urge our clients to assume that all of their on-line communications are insecure. We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our clients’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our clients unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily.
Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect our clients and us from harm, or where such disclosure is necessary to the proper operation of the system. We are not responsible for loss of client content due to server or hardware failure. We do, however, backup our systems daily, but cannot guarantee the content is up-to-date. It is the client’s responsibility to have a full backup of their site. We expect that our clients who provide hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A client’s failure to comply with those laws will violate our policy.
Finally, we wish to emphasize that in signing the Services Agreement, clients indemnify us for any violation of the client of the Services Agreement, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the client that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the client will pay any damages awarded against us, plus costs and reasonable attorneys’ fees.
Any attempt to undermine or cause harm to the Company server or another client’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of any of the above Terms of Service may result in legal action, service charges or a combination thereof. We reserve the right to permanently discontinue service at any time, without notice, should you be found in violation of our aforementioned terms and conditions.
Our web host’s Technical Support team is there for trouble-shooting, but may not be able to help in bad coding practice or programming errors used by the client in their scripts which may result in any problem or errors in their site. The client fully understands that we as a Reseller of the web host have to completely bank on them for providing any and all technical support and they may or may not be able to solve the client’s technical problems. As only a reseller that is none of our responsibility and the client cannot hold us responsible for anything, hence the client cannot make any claims from us regarding any technical problems.
We are not responsible if the server network in Australia, Newze land, USA, Canada or in any other countries faces any problem or downtime caused either by spamming or hacking or server or hardware failure. The client fully acknowledges and understands, that we as a reseller (based in India) of the network company which maintains the servers at the Data Center do not control any of these factors, hence we are not responsible for any downtime if at all occurred or any other problem or error faced by the client or the client’s website and hence we are absolutely NOT responsible for any kind of damages. Hence the client absolutely cannot make any claims for Whatsoever reasons from us.
The client understands that we are only a reseller of the company, which maintains the dedicated servers at the Data Center. The related company provides us all the Technical Support, hence any action if at all any deemed suitable by that company which ensures protection of their services is valid. The client absolutely cannot hold us responsible for anything and CANNOT make any claims from us. The client understands that like every other business, web hosting carries it’s own risks. There can be plenty of reasons and the client’s site may or may not face downtime due to those reasons. We only as a Reseller of the web host or the company that manages the dedicated servers at the data center do not control any of these and are not responsible for anything.
The client fully understands the risks and cannot hold us responsible for anything and absolutely CANNOT make any claims from us. Also as a reseller (based in India) of the related web host, we cannot authenticate or verify the software’s or digital certificates installed either by the web host or by the client on his/her site. The client or any other person visiting the site cannot hold us responsible for anything related to it, and we are NOT responsible for any damages. The client fully understands that we as a reseller based in India, have to bank on the web host, which maintains the dedicated servers at the data center for providing the services & supports mentioned by them. We do absolutely NOT control any technical error or any error in any support provided or the support being terminated due to technical reasons.
We as a reseller do not control any of these, and hence the client cannot place any blame on us & CANNOT claim any damages from us. The client fully understands that we are NOT responsible for it. Regarding any domain name registrations processed through our company (be it any domain name extension) we state we register these domains through a reselle. That in effect means we ourselves are a reseller of that reseller. Hence we absolutely hold NO control on the domain registered and it is the client’s full responsibility to manage their domain entries.
Hence any damage or loss of domain name to some other party or anything related to the domain registration / domain transfer / domain renewal / loss of domain name is not our liability and we are NOT responsible for any damages the client may suffer regarding the domain name. It is the client’s full responsibility to manage & check whether his/her domain entries are correct or domain renewal date is correct or domain transfer or anything pertaining to the domain name. If the client finds any problem/errors in any of his/her domain entries, he can inform us within the first 3 months (three months) from the date the related domain name was first registered for the client, and we in turn will inform the company that had registered the domain for the client to immediately look into it.
By default, the domain name entries are kept blank or we include our domain name administrator’s name if no contact details are provided to us at the time of domain name registration. The client of course can change the entries anytime directly via his domain name management panel. The client fully understands and acknowledges that we are only a reseller and pass the domain name registration to another company, hence we are not responsible for any errors & we hold NO control on the domain name. It is the client’s full responsibility to keep and maintain a constant check whether his/her domain name entries i.e. anything related to the domain name’s Registrant/ Tech/ Billing/ Admin/ DNS/ Renewal Date/ Transfer are correct or not and also manage them.
The client can make absolutely NO claims related to his/her domain name from us & we are NOT responsible for any damages Whatsoever related to the domain name. The client’s domain name is the client’s full responsibility, and NOT ours. We clearly state the client’s domain name is client’s complete responsibility and only the client has to manage his/her domain. We ourselves are a reseller and the client cannot expect any domain name management services from us, nor can he/she make any claims Whatsoever from us. It is the client’s full responsibility to keep their FTP or database or email IDs or stats or domain name username/password secure with them. We will not be held responsible for anything related to the client’s website or domain name incase the client compromises his username/password to any potential miscreant or is/was careless with the login details which results in any damages to the client’s site or domain name.
The client can make absolutely no claims from us. Regarding any online payment if made on our website or accepted on our website, we clearly state we only use 3rd party highly secure and reliable merchant accounts examples like paypal.com, ccnow.com, billcc.com, ibill.com etc. That online client who has made the payment is billed and charged only by this 3rd party merchant account & only this retailer charges their credit card and accepts their payment. We absolutely receive NO other information except the client’s contact address and package selected. This 3rd party merchant account is non-partial and works in the best interests of everyone. We ourselves are only a user who use their services i.e. we are ourselves are their client in turn.
The complete payment procedure is handled only by this highly secure & reliable 3rd party merchant account. We absolutely receive NO sensitive information and are absolutely NOT responsible for any kind of damages. The client absolutely cannot make any claims Whatsoever from us. Any client interested in our services has to use the payment mode via Demand Draft or Cheque ONLY. As per our company’s policy the hard copy of the client’s invoice will be posted within 4-6 weeks from the setup date. The client should include ONLY this hard copy of the invoice posted by us as the final copy & only this hard copy can be used for any future reference. Any electronic invoice (or soft copy) IF at all ever send CANNOT be ever used or produced as any legal proof or evidence against us since it can be easily altered or doctored or changed and saved by anyone as any file extension or the same file and a invalid printout of the altered or doctored or changed file can be taken by anyone.
Hence any electronic invoice (or soft copy) is INVALID & any printout on paper of any such electronic invoice is totally INVALID and cannot be produced as any legal proof or evidence Whatsoever for the above mentioned reason. ONLY the hard copy (on our company’s letterhead paper) of the client’s invoice posted by us to the client via the Indian Postal Services is counted as VALID. We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including our clients, as responsible members of the Internet community and us. We try our best to make our clients hosting experience better and more secure.
You are not permitted to have any commercially available software, fixes, patches or electronic media for download on your site. We reserve the right – at any time, to terminate service if we find that you have violated this term. In English – NO download sites. The above Terms of Service have been in place since day 1 of this website’s existence and we expect ALL our clients to abide by them and act as responsible members of the Internet community. We reserve the right to update our Terms of Service anytime, the changes will be duly notified and posted on our website.
Additionally, should you be found to be in violation of any agreements currently in place and/or any of the above Terms or our policy, we reserve the right to permanently terminate your service without refund. If you have any complaints or doubts or concerns or questions, please email us at [email protected] and we will try our VERY BEST to help you. We are always there for you but we expect our clients to be responsible members of the Internet community and in turn understand that we ourselves are working as a small organization with a team of young dedicated professionals and on a Shared Server Environment we have to look and work in the best interests of all our clients.