In providing its
Internet Hosting service Brainpulse is required
to meet a range of legal and ethical responsibilities.
In the interests of its customers and of the service
provided to them, Brainpulse 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 Brainpulse
indicates your acknowledgement that you have read
and accepted these Terms and Conditions and that
you agree to be bound by them. Brainpulse reserves
the right to suspend or cancel a customer’s access
to any or all services provided directly or indirectly
by Brainpulse when we decide that these terms have
been broken or intent of these Conditions has been
abused.
Modification
of this agreement
Brainpulse 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 Brainpulse web site. Brainpulse 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 Brainpulse are located at A-4 Sector 27
Noida UP-201301. The agreement between you and Brainpulse
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 Brainpulse
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 Brainpulse
is strictly prohibited. Unauthorized use of other
people's accounts or computers Brainpulse 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 Brainpulse customer, whether or not the attacked
account or computer belongs to Brainpulse, will
result in action against the attacker. Possible
actions include warnings, account suspension or
cancellation, and civil or criminal legal action.
IMPORTANT NOTE
Brainpulse 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 Brainpulse to be unacceptable use of Brainpulse
services including abuse of server resources.
Shared hosting accounts may be terminated
if they contain or which have links to the following
content:
1: Providing material that is grossly
offensive to the Web community including blatant
expressions of bigotry, racism, hatred, or profanity
2: Promoting or providing instructional
information about illegal activities, or promoting
physical harm or injury against any group or individual
3: 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.
4: Displaying material that exploits
persons under 18 years of age
5: 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
6: Warez sites.
Unsolicited
Email (Spam)
Any attempt to undermine
or cause harm to a server, or customer, of Brainpulse
is strictly prohibited. Unauthorized use of other
people's accounts or computers Brainpulse 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 Brainpulse customer, whether or not the attacked
account or computer belongs to Brainpulse, 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. Brainpulse 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:
1: 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.
2: Sending numerous copies of the
same or substantially similar message with the intent
to disrupt a server or account ("mail bombing").
3: 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.
4: 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 Brainpulse
(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.
Brainpulse 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 Brainpulse
at info@brainpulse.com to request termination
of services.
Pricing Disputes Client must notify Brainpulse
in writing of any disputed charges within
30 days of the date of the billing for such
charges. If Client does not notify Brainpulse
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 Brainpulse.
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 Brainpulse’s sole option. Any
such suspension of Services does not relieve
Client from the obligation to pay all amounts
due Brainpulse 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 Brainpulse
a INR reactivation fee in addition to full
payment of the outstanding balance due. Reactivation
of services will only be performed during
Brainpulse’s regular business hours. Accounts
not brought current in 30 days will be deleted.
Cancellation
Brainpulse
reserves the right to cancel service at any
time. All fees paid in advance of cancellation
will be pro-rated and paid by Brainpulse if
Brainpulse 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.)
All of Brainpulse's web hosting plans are
backed by a 30-day money back guarantee. If
you are not satisfied with our services or
support within the first 30 days of your contract,
you will be given a full refund of the contract
amount excluding set-up fees, domain registration
fees, add-on/upgrade fees and overages.
Network
Security
Customers
may not use the Brainpulse 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. Brainpulse 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 Brainpulse
servers for system integrity purposes, Brainpulse
makes no commitment that it will maintain
backup copies of its customers data. Brainpulse
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 s
Brainpulse
shall maintain and control ownership of all
IP numbers and addresses that may be assigned
to you by Brainpulse and Brainpulse 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 brainpulse harmless from any and all
demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted
against brainpulse, 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 brainpulse against liabilities arising
out of; (1) any injury to person or property
caused by any products sold or otherwise distributed
in connection with brainpulse'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 brainpulse's server.
Disclaimer
Brainpulse
Will not be responsible for any damages your
Business may suffer. Brainpulse makes no warranties
Of any kind, expressed or implied for services
We provide.Brainpulse 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 brainpulse must adhere
To the above policies. Failure to follow any
Of these terms and conditions will be grounds
For immediate account deactivation.