sales@barodaweb.com

Terms of Service & Acceptable Use Policy

This legally binding contract (the "Agreement") is by and between BARODAWEB, and you and your assigns, employees, agents or contractors ("You", "Your", the "Client") and is effective as of the date you purchase any products or services from BARODAWEB. This Agreement sets forth the terms and conditions of your use of BARODAWEB’s services and represents the entire agreement between You and BARODAWEB relating to the Services/Products/Program. This Agreement contains provisions that set forth BARODAWEB's Acceptable Use Policy and guarantees of a certain products and services.

By purchasing the Services/Products or Signing up for any Program from BARODAWEB, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that BARODAWEB may establish and post on its website from time to time.

Recent detection of misuse of our services has compelled us to take action against the violating clients and also lay down a few terms and conditions. We own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable

WEBSITE HOSTING AGREEMENT (SHARED HOSTING):

  • Misuse of the allotted server space, bandwidth etc. By the client will lead to reduction in the space and facility given.
  • Distribution of free email IDs or Web space to any person other than the ones related to the website owner or the company automatically gives BARODAWEB the rights to decrease the number of email IDs provided
  • In case of misuse of allotted email ID space, we will have the rights to diminish the space provided for one email ID
  • All disputes are subject to Baroda, Gujarat, India jurisdiction only.
  • Misuse of bandwidth will lead a client to be entitled for lesser bandwidth in future or account would be suspended.
  • Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Indian and International IT Act.
  • Intentionally tampering (Hacking or sending virus) of our server by a client will see the account suspended.
  • Customers are advised to maintain data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important e-mails, files and data by forwarding mails to other domain email IDs or by using Outlook.
  • For safety reasons, we urge our customers not to divulge the password of their e-mail/hosting/ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 15 days you have to change your all password for security reason.
  • Customers should also maintain their payment confirmation details that have been paid to us for activation of the orders. It is also advisable to maintain the backup of our first mail which is sent to you after activation of your order and contains your User ID and password. By using the details provided, we will be able to provide you Technical/Billing support and activation/renew/control panel/reset password facility etc.
  • Unfortunately if website/server etc will down then we are not responsible for any losses face by client.
  • For plan details and services provided by BARODAWEB, please refer to the particular website as the most valid reference. Any commitment made by our employees over chat/phone/mail or by any other mode, which is not mentioned in our website, will not be abided.

What may not be Hosted on Our Network:

  • Adult sites/Contents
  • IRC Scripts/Bots
  • Nulled/Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Flicker)
  • Video Hosting Script (Similar to You Tube)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapid share)
  • Audio/Video Streaming (for Commercial use)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PPBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro/Commercial News Latter/Mailing Scripts or Program/Mass Mailing

Any of our clients should not run above mentioned Sites on our Server. If any they violate our terms, will cause Immediate Suspension.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will have a response within 48 hours.Ifin doubt regarding the acceptability of your site or service, please contact us at barodaweb.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Acceptable Mail Policy:

There is a maximum 200 including cc and bcc (might be changed without any prior notice) outgoing email hourly limit per domain, this limit is also applied towards mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. Many of our servers have a limit of 60 POP3/IMAP checks per hour per e-mail address. If you go over this you are likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 1000 addresses will require a dedicated hosting solution from us. Bulk/mass email, Commercial News Latter etc are not allowed on Shared/Reseller Hosting. You can contact us for Bulk Email Marketing.

Any time you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 20 seconds. (Sending 1 every 20 seconds would send 180 emails within 1 hour, keeping you below the 200 outgoing email limits.) If the mailing list software you are using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your Control Panel.

IMPORTANT: If you do not throttle and you try sending 200 emails, the server will try sending all 200 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended/terminated for crashing the server.

The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

Any unsolicited e-mail being sent will result in suspension or termination of the offending account without any information. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of SPAM Any mailing list MUST comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm No direct SMTP mailers are allowed. An example of this would be a Dark mailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

Payment Policy:

Establishment of service is reliant upon receipt by the BARODAWEBof payment of affirmed charges. Following payments are due on the anniversary date of the month for that month’s service. Accounts that reach 72 hours past due will be suspended. If once account is suspended, it will be un-suspended only after receiving payment in our bank account. We are not liable for any failed transaction done by the client/bank/payment gateway.

Late Payment and Non-Payment:

72 hours past your due date, your account will be disabled (May be a Rs.200/ $4 for Hosting/Reseller Packages Reactivation fee will apply). 96 hours past your suspension, your services/server will be taken offline and "ALL FILES WILL BE DELETED FROM OUR SYSTEM".

Cancellation Policy:

Requests for cancelling accounts may be made in writing or through the email. BARODAWEB preferred method of cancellation is email to BARODAWEB.

Please note -

All account cancellations must be received in the above manner at least fifteen (15) days in advance of the date of renewal. Accounts cancelled with less than fifteen (15) days notice shall be cancelled at the end of the next term and shall be charged accordingly.

Refund Policy:

Money back guarantee on all our web hosting plans, packages:

To prove to you how confident we are in our services, we will offer you a 30 day money back guarantee on web hosting plans and packages. Domain name registrations, Domain Name Transfer are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 30 days from the initial order date of your account we will refund you all your money (excluding any setup fees). Refunds may take up to two weeks to process.

Please note -

Refund will be not issue to those Customers who purchase hosting and want refund after few days without any Proper reasons (Without Waiting for Any Solution) or just for they have found any other Cheap Offer. There must have some Technical Fault which is Recorded by our Help Desk System which cannot be solved or Not have any alternatives. If this will happen BARODAWEB has full right make your order as a Fraud and terminate your account. BARODAWEB will not issue refunds to users who have violated our Terms and Conditions or those who have their account terminated/suspended by BARODAWEB, for break of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.

If there is any FREE Domain offer or any Software or services offered with the package, then the client should pay the cost of that additional stuff to get full refund. The customer can place refund request only once.

  • Refund will be Initiated within 60 Days from the date when Refund Request initiated. Customer may get the Refund within 15 Days when Refund has been initiated.
  • No Refund for Domain Names.
  • In Any Case, If Refund is Initiated after the 1 Month Money Back Guarantee, The Refund amount will be calculated as Prorata Basis and rest of the money will be refunded to the client. In such cases, No full refund will be initiated.

Spam:

Unsolicited commercial newsletter/advertisements (spam) are not allowed in e-mail IDs and may result in cancellation/suspension/termination of the account without any prior notice.

Resource Usage:

User may not:

  • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD, Lottery Sites.
  • Run any type of web spider or indexer (including Google Cash / Ad Spy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities.
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  • 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").

Abuse of Traffic:

If any customer violates the BARODAWEB can decrease its allotted Traffic quota or suspended/terminated his account without any prior notice.

Abuse of Space:

As per our policies, at least 90% of your web pages (HTML) must be “Linked” with files (GIF, .JPEG, etc.) which is stored in our server. Web space must not be used by your visitor for Free/Paid upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise we will cancellation the account without prior notice.

Large File Policy:

BARODAWEB is not for file hosting and distribution - as such, customers may not host any files larger than 40MB in size that are observed to be available for the sole purpose of download. It has been noticed that people who make use of BARODAWEBare able to gain to unlimited disk space and bandwidth. But this is subject to the appropriate usage of the package offered. However, BARODAWEBhas certain constraints related to the type of material that may be added to the website. The server does not allow you to upload unnecessary software, audio or video files and large sized files If you are unsure whether your file is against this policy, please e-mail atbarodaweb.com.

Transfer:

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

99.99% uptime guarantee:

If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.5% in any month, you can request a 10% discount for your following months services. For clients paying yearly, the equivalent to 10% of a monthly payment will be deducted off the next payment. Approval of the credit is at the discretion of BARODAWEBdependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales[at]barodaweb[dot]com with justification. All requests must be made in writing via email. Uptime guarantees only apply to share / reseller solutions.

Backup:

Any shared account using more than 1GB of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

  • Customers Should Backup their own Data.
  • In Any Case BARODAWEBmay Refuse to Provide Backup.
  • BARODAWEB is not liable to Provide Backup.
  • After Suspension/Termination of Service Customer may not get Backup from .
  • No Backup for Resellers.
  • Legally we are not liable to provide backups to our Clients.

Network security:

In case of any tampering done to our network security, We will take an immediate action against the respective hosting account.

Liability:

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of BARODAWEBand that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the BARODAWEBshall not be liable for any damages arising from such causes beyond the direct and exclusive control of BARODAWEB. Client further acknowledges that BARODAWEB's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall BARODAWEBbe liable for any special or consequential damages, loss or injury. In Such Cases, Refund will be Processed as Prorata Basis.

Support:

BARODAWEB Provide 24x7x 365 Supports through email.

BARODAWEBdoes not offer tech support for application specific issues such as CGI programming, PHP or html or any other such issue unless the Programming/Development Service Provided by BARODAWEB.[For Resellers/Partners: - BARODAWEBdoes not provide technical support for YOUR Customers Directly. We Only Provide Support to You If Your customer get any problem they should ask you for everything and if you can’t solve their problems then you have to come to us regarding the problem and we solve it!! ] BARODAWEBwill not make any changes in server securities (globally settings) as per clients and resellers request and will not provide any kind of support for third party software’s, scripts & applications (you can avail support only, if we develop the software for you).

WEBSITE USE POLICY:

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without BARODAWEB's prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.

Modify/Update/Change of TOS:

BARODAWEB Reserves the Right to Upgrade or Terminate Any Services Provided By BARODAWEB without any Prior Notice. We Reserves the right to revise/change/modify/update/delete its policies at any time without prior notice.