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Insite Solutions
("The Company") agrees to furnish services to
the Subscriber, subject to the following TOS (Terms of
Service).
Use of Insite Solutions Service constitutes acceptance
and agreement to Insite Solutions's TOS (Terms of
Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of Insite Solutions. Subscriber
understands that change to the TOS by the Company shall
not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in
accordance with the laws of the jurisdiction of Amritsar
(Punjab) India.
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Disclosure
to Law Enforcement: The TOS specifically
prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the
Company may disclose any and all subscriber
information including assigned IP numbers, account
history, account use, etc. to any law enforcement
agent who makes a written request without further
consent or notification to the Subscriber. In
addition Insite Solutions shall have the right to
terminate all service set forth in this Agreement.
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Service
Rates: Subscriber acknowledges that the nature
of the service furnished and the initial rates and
charges have been communicated to Subscriber.
Subscriber is aware that the Company may
prospectively change the specified rates and charges
from time to time. The promotional offer is
contingent upon Company achieving and maintaining
its cost of service goals including but not limited
to rates charged to company by its suppliers.
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Payment:
Establishment of this service is dependent upon
receipt by the Company of payment of stated charges.
Subsequent payments are due on the anniversary date
of the year for that year's service.
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Refund
and Disputes: All payments to Insite Solutions
are NON-REFUNDABLE.
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Failure
to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination
or denial will not relieve Subscriber of
responsibility for the payment of all accrued
charges, plus reasonable interest and any collection
fees.
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Subscriber
acknowledges that the service provided is of such a
nature that service can be interrupted for many
reasons other than the negligence of the company and
that damages resulting from any interruption of
service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be
liable for any damages arising from such causes
beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the
company's liability for its own negligence may not
in any event exceed an amount equivalent to charges
payable by subscriber for services during the period
damages occurred. In no event shall the company be
liable for any special or consequential damages,
loss or injury.
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New
Domain Accounts: All new webhosting accounts
involving new domains will be set up and entered
into our DNS servers within same days. Due to
unforeseen complications, however, this process may
sometimes require up to 2 business days. If the new
domain is registered by the account holder, there
will be no handling fee.
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Transfer
of Domains: New webhosting accounts which
involve the transfer of a domain from another
provider to Insite Solutions will require a minimum
of seven (7) days to be set up and entered into our
DNS servers. Due to the unpredictable nature of the
transfer process, no guarantees are made regarding
the amount of time a specific transfer may take.
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Support
Boundaries: Insite Solutions, provides technical
support to our subscribers We limit our
technical support to our area of expertise. The
following is our guidelines when providing support: Insite Solutions
provides support related to your server or virtual
site physical functioning. Insite Solutions does not
offer tech support for application specific issues
such as cgi programming, html or any other such
issue. Insite Solutions does not provide technical
support for YOUR customers.
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SPAM
and Unsolicited Commercial Email (UCE): Insite Solutions
takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of Insite Solutions
may not use or permit others to use our network to
transact in UCE. Customers of Insite Solutions may
not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. In
addition, it is not acceptable to transmit bulk
email through remote SOCKS, HTTP or other similar
proxies who in turn make a SMTP (TCP port 25)
connection to the destination mail servers. This
technique may result in account suspension or
termination. Violations of this policy carry severe
penalties, including termination of service. In
order to prevent unnecessary blacklisting due to
spam we reserve the right to occasionally sample
bulk email being sent from servers.
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Violation
of Insite Solutions's SPAM policy will result in
severe penalties. Upon notification of an
alleged violation of our SPAM policy, Insite Solutions
will initiate an immediate investigation (within
48 hours of notification). During the
investigation, Insite Solutions may restrict
customer access to the network to prevent
further violations. If a customer is found to be
in violation of our SPAM policy, Insite Solutions
may, at its sole discretion, restrict, suspend
or terminate customer's account. Further, Insite Solutions
reserves the right to pursue civil remedies for
any costs associated with the investigation of a
substantiated policy violation. Insite Solutions
will notify law enforcement officials if the
violation is believed to be a criminal offense.
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First
violations of this policy will result in an
"Administrative Fee" of Rs. 5000 and
your account will be reviewed for possible
immediate termination. A second violation will
result in an "Administrative Fee" of
Rs. 10000 and immediate termination of your
account. PLEASE, DO NOT SPAM from your account.
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As
our Customers are ultimately responsible for the
actions of their clients over the Insite Solutions
network, it is advisable that Customers develop
a similar, or stricter, policy for their
clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting
websites or services on their server that support
spammers or cause any of our IP space to be listed
in any of the various Spam Databases will have their
server immediately removed from our network. The
server will not be reconnected until such time that
you agree to remove ANY and ALL traces
of the offending material immediately upon
reconnection and agree to allow us access to the
server to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate
and permanent removal of the server from our network
without notice to the customer. Any server guilty of
a second violation WILL be immediately and
permanently removed from our network without notice.
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Network
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Bandwidth
and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services
ordered by Customer on the Order Form (the
"Agreed Usage"). Insite Solutions will
monitor Customer's bandwidth and disk usage. Insite Solutions
shall have the right to take corrective action
if Customer's bandwidth or disk usage exceeds
the Agreed Usage. Such corrective action may
include the assessment of additional charges,
disconnection or discontinuance of any and all
Services, or termination of this Agreement,
which actions may be taken is in Insite Solutions's
sole and absolute discretion. If Insite Solutions
takes any corrective action under this section,
Customer shall not be entitled to a refund of
any fees paid in advance prior to such action.
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System
and Network Security: Users are prohibited
from violating or attempting to violate the
security of the Insite Solutions Network.
Violations of system or network security may
result in civil or criminal liability. Insite Solutions
will investigate occurrences, which may involve
such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting
Users who are involved in such violations. These
violations include, without limitation:
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Accessing
data not intended for such User or logging
into a server or account, which such User is
not authorized to access.
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Attempting
to probe, scan or test the vulnerability of
a system or network or to breach security or
authentication measures without proper
authorization.
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Attempting
to interfere with service to any user, host
or network, including, without limitation,
via means of overloading,
"flooding", "mail
bombing" or "crashing".
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Forging
any TCP/IP packet header or any part of the
header information in any e-mail or
newsgroup posting.
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Taking
any action in order to obtain services to
which such User is not entitled.
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Notification
of Violation:
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Insite Solutions
is under no duty to look at each customer's or
user's activities to determine if a violation of
the TOS has occurred.
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First
violation: Any User, which Insite Solutions
determines to have violated any element of this
TOS, shall receive an email, warning
them of the violation. The service may be
subject at Insite Solutions's discretion to a
temporary suspension pending a User's agreement
in writing, to refrain from any further
violations.
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Second
Violation: Users that Insite Solutions
determines to have committed a second violation
of any element of this TOS shall be subject to immediate suspension or
termination of service without further notice.
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We
reserve the right, to drop the section of IP
space involved in Spam or Denial-of-Service
complaints if it is clear that the offending
activity is causing great harm to parties on the
Internet. In particular, if open relays are on
your network or a customer's network, or if
denial of service attacks are originating from
your network. In certain rare cases, we may have
to do this before attempting to contact you. If
we do this, we will contact you as soon as is
feasible.
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Suspension
of Service or Cancellation: Insite Solutions
reserves the right to suspend network access to any
customer if in the judgment of the Insite Solutions
network administrators the customer's server is the
source or target of the violation of any of the
other terms of the TOS or for
any other reason which Insite Solutions chooses. If
inappropriate activity is detected, all accounts of
the Customer in question will be deactivated until
an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the
activity. The customer will not be credited for the
time the customer's machines were suspended.
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Insite Solutions
reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed
servers of Insite Solutions must adhere to the above
policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will
be held responsible for the actions of your clients
in the matter described on these Terms and
conditions. Therefore, it is in your best interest
to implement a similar or stricter Terms and
conditions or otherwise called Acceptable Terms of
use policy.
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Indemnification:
Insite Solutions wishes to emphasize that in
agreeing to the Insite Solutions Terms of Service (ToS), customer
indemnifies Insite Solutions for any violation of
the Terms of Service
(ToS) that results in loss to Insite Solutions or
the bringing of any claim against Insite Solutions
by any third-party. This means that if Insite Solutions
is sued because of a customer's or a customer of a
customer's activity, the customer will pay any
damages awarded against Insite Solutions, plus all
costs and attorney's fees.
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Miscellaneous
Provisions: You must provide us with, and keep
current, good contact information for you. E-mail,
fax, and telephone contacts are used, in that order
of preference.
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A
waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall
not operate as or be construed as a continuing
or subsequent waiver thereof or as a waiver of
any breach of any other provision thereof.
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Subscriber
shall not transfer or assign this Agreement
without the prior written consent of the
Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber.
Company reserves right to cancel customers
rights under this contract at anytime without
further obligation.
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Insite Solutions
takes no responsibility for any material input
by others and not posted to the Insite Solutions
Network by Insite Solutions. Insite Solutions is
not responsible for the content of any other
websites linked to the Insite Solutions Network;
links are provided as Internet navigation tools
only. Insite Solutions disclaims any
responsibility for any such inappropriate use
and any liability to any person or party for any
other person or party's violation of this
policy.
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Insite Solutions
is not responsible for any damages your business
may suffer. Insite Solutions does not make
implied or written warranties for any of our
services. Insite Solutions denies any warranty
or merchantability for a specific purpose. This
includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all
service interruptions caused by Insite Solutions.
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It
is absolutely forbidden to host pornographic
content or IRC servers on Virtual Server
Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate
cancellation without refund.
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Denial
of Service: We reserve the right to refuse
service to anyone at any time for any reason.
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