B. All VINDHYAVART Customer Terms of Use
The following Terms of Use apply to ALL VINDHYAVART customers:

VINDHYAVART Services

VINDHYAVART’s services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that VINDHYAVART provides to customers);
any use by customers, or any access provided to customers by VINDHYAVART, of computing, telecommunications, software, information, hardware, and equipment;
any act, or provision of any service, by VINDHYAVART to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
any provision by VINDHYAVART to customers, of any space, Internet connectivity, or electrical power;
any access or use related to the VINDHYAVART’s web site, including the web site itself;
any other service mentioned in the TOU;
any other service provided by VINDHYAVART to customers, whether used or not;
any other VINDHYAVART services that are used by customers, whether offered or provided by VINDHYAVART to customers.

Ownership of Web Site

The legal owner of customers’ web sites and accounts with VINDHYAVART will be the individual or organization whose name is listed in VINDHYAVART’s database as the owner. Customers will fully cooperate with and abide by any and all of VINDHYAVART’s security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with VINDHYAVART.

Illegal Use

VINDHYAVART servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing VINDHYAVART services, all VINDHYAVART customers certify that they and/or the organization they represent in procuring services from VINDHYAVART are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a 'suspected terrorist' as defined by the Constitution of India; and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. Of India.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to VINDHYAVART’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a VINDHYAVART server, and selling or distributing software (on a web site residing on a VINDHYAVART server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediate suspension. VINDHYAVART reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of VINDHYAVART’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use VINDHYAVART’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Privacy

VINDHYAVART is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, VINDHYAVART urges its customers to assume that all of their on-line communications are insecure. VINDHYAVART cannot take any responsibility for the security of information transmitted over VINDHYAVART's facilities.

Customer Responsibility

Customers are required to use the VINDHYAVART network responsibly. This includes respecting the other customers of VINDHYAVART. VINDHYAVART reserves the right to suspend and/or cancel service with any customer who uses the VINDHYAVART network in such a way that adversely affects other VINDHYAVART customers. While VINDHYAVART may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, VINDHYAVART does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when VINDHYAVART becomes aware of any violation of the TOU or other user agreements, VINDHYAVART may take any action to stop or correct such violation, including, but not limited to, denying access to VINDHYAVART’s services and equipment or to the Internet. In addition, VINDHYAVART may take action against a customer or a customer of such customer because of the activities of such customer. VINDHYAVART anticipates that customers who offer Internet services will cooperate with VINDHYAVART in any corrective or preventive action that VINDHYAVART deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of VINDHYAVART policy and VINDHYAVART reserves the right to take any such action even though such action may affect other customers of the VINDHYAVART customer.
VINDHYAVART and its , affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that VINDHYAVART has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any VINDHYAVART Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by VINDHYAVART. VINDHYAVART MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Actions Taken by VINDHYAVART

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. VINDHYAVART will be the sole arbiter as to what constitutes a violation of the TOU. VINDHYAVART reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When VINDHYAVART becomes aware of an alleged violation of its TOU, VINDHYAVART will initiate an investigation. During the investigation, VINDHYAVART may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, VINDHYAVART may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, VINDHYAVART will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. VINDHYAVART does not issue credits for any outages incurred through service disablement. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by VINDHYAVART.

Indemnification

VINDHYAVART customers agree to protect, defend, hold harmless, and indemnify VINDHYAVART, any third party entity related to VINDHYAVART (including, without limitation, third party vendors), and VINDHYAVART’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as VINDHYAVART, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of VINDHYAVART’s services.

Disclaimer

The VINDHYAVART service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. VINDHYAVART expressly disclaims any representation or warranty that the VINDHYAVART service will be error-free, secure or uninterrupted. No oral advice or written information given by VINDHYAVART, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. VINDHYAVART and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, VINDHYAVART may immediately terminate provision of VINDHYAVART’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against VINDHYAVART in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL VINDHYAVART (INCLUDING, WITHOUT LIMITATION, VINDHYAVART’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS VINDHYAVART, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING VINDHYAVART’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR VINDHYAVART SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY VINDHYAVART SERVICES EVEN IF VINDHYAVART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VINDHYAVART’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR VINDHYAVART’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY VINDHYAVART OR VINDHYAVART’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL INDIAN RUPEE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

VINDHYAVART may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with VINDHYAVART’s services. Certain changes to VINDHYAVART’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and VINDHYAVART is not liable, for any and all such personalized applications and content.

Backup of Data

Except where VINDHYAVART has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and VINDHYAVART is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, emails and patches to any software that customers use in connection with VINDHYAVART services.

Third Party Licenses

VINDHYAVART makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, VINDHYAVART makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, VINDHYAVART specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold VINDHYAVART liable in any way for the revocation of any license, which has been licensed to VINDHYAVART. The use of the Technologies obtained from or through VINDHYAVART, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-VINDHYAVART Products

Any mention of non-VINDHYAVART products by VINDHYAVART, its employees, or any third party entity related to VINDHYAVART is for information purposes only and does not constitute an endorsement or recommendation by VINDHYAVART. VINDHYAVART disclaims any and all liabilities for any representation or warranty made by the vendors of such non-VINDHYAVART products or services.

VINDHYAVART’s Intellectual Property

Customers will not, without VINDHYAVART’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on VINDHYAVART’s web site, and customers will not use any of VINDHYAVART’s trademarks, service marks, copyrighted materials, or other intellectual property without VINDHYAVART’s express written consent. Customers will not, in any way, misrepresent their relationship with VINDHYAVART, attempt to pass themselves off as VINDHYAVART, or claim that customers are VINDHYAVART.

Assignment

Customers may not assign or delegate their rights or obligations under the TOU or other agreement for VINDHYAVART’s services, either in whole or in part, without the prior written consent of VINDHYAVART.

Minimum Age Requirement

VINDHYAVART customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a VINDHYAVART customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for VINDHYAVART services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains VINDHYAVART’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for VINDHYAVART’s services will be deemed null and void to the extent that VINDHYAVART will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of VINDHYAVART’s services.

Governing Law and Severability

The TOU, and any other agreement for VINDHYAVART services, will be governed by and construed in accordance with the laws of the State of Uttar Pradesh, India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and VINDHYAVART will take place in Mirzapur, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other VINDHYAVART agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure

VINDHYAVART will not be liable for delays in its performance of the TOU or VINDHYAVART services caused by circumstances beyond VINDHYAVART’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). VINDHYAVART will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between VINDHYAVART and its customers. Each of VINDHYAVART and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for VINDHYAVART services, constitutes the complete understanding and agreement between VINDHYAVART and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of VINDHYAVART, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for VINDHYAVART services is between VINDHYAVART and its customers only and will not confer any rights in any third party except as otherwise expressly provided by VINDHYAVART.

C. All VINDHYAVART Customer Billing Policy

The following Terms of Use constitute VINDHYAVART’s Billing Policy and apply to ALL VINDHYAVART customers:

Payments

VINDHYAVART accepts the following types of payment:
- Check/Demand Draft/Money Order
- Fund Transfer from bank accounts

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. You are responsible for directly updating, or notifying VINDHYAVART, of any changes to your billing details.
Accounts that are past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.

Billing Cycles (Terms)

VINDHYAVART offers three Billing Cycles (terms) for hosting charges: Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the Yearly Billing Cycle for all of their charges.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged yearly. Additional items are non-refundable.

Account Renewals

In order to insure uninterrupted service to your website, all plans have to be renewed. The customer has the sole responsibility to keep track of the expiry date and renew the services well in advance at least 10 days before expiry. It is not the responsibility of VINDHYAVART to give you any intimation in advance. It is confirmed by you that the responsibility of renewing the service will lie with you. The renewal of your account is subject to realisation of payment by VINDHYAVART. Payment of account fee after expiry date does not guarantee the renewal of account with VINDHYAVART. VINDHYAVART cannot guarantee the renewal of account, if the realization of payment is made after expiry date. Renewal of services such as domains, ssl certificates etc, involve companies, on whose activities, VINDHYAVART does not have control over. Hence, VINDHYAVART is not liable for interruption in services, loss of data, loss domain names, ssl certificates etc.

Statements

VINDHYAVART does not mail paper invoices or statements. Statements can be viewed and printed through member’s area.

Fees

Returned (NSF) Checks
VINDHYAVART charges a Rs.200 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a DD.

Bank Account Payments
VINDHYAVART charges Rs.50 for outstation checks, Account transfers.

Reactivation

Customers that wish to reactivate a closed account will be assessed a Rs.2000 reactivation fee. A Rs.200 fee will be assessed if VINDHYAVART restores your data files to your reactivated account.

Cancellations

Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact VINDHYAVART at sales@vindhyavart.net with proper payment details and account details. Please be aware that there are no pro-rated refunds after the first 14 days of service. No refund is available for VINDHYAVART Start Up Account in the event of cancellation.
Cancellation requests must be received by VINDHYAVART a minimum of thirty (30) days prior to the end of your Billing Cycle.
VINDHYAVART will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact VINDHYAVART as soon as possible.
VINDHYAVART does not monitor, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to VINDHYAVART's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. VINDHYAVART reserves the right to cancel any account, at any time, without notice, for any reason VINDHYAVART considers appropriate.

Billing/Price Changes

VINDHYAVART's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.