Terms & Conditions
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 customers the means to acquire and
disseminate a wealth of public, private, commercial and non-commercial information.
We also want our customers 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 customer’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 it’s 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 customers 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 customers may acquire. For this reason,
the customer 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 customers that results from inaccurate, unsuitable or offensive
Internet communications.
When customers 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 customers may create. This places on customers 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 customers and non-customers
of ours, customers’ postings to the Internet may affect other customers and may
harm our goodwill, business reputation and operations.
For these reasons, customers violate our policy and the Services Agreement when
they, their affiliates or subsidiaries engage in the following activities:
Spamming –
Customer Spamming Policy - Wissen Technologies has zero tolerance for spam originating
from our customers, or from our customers’ customers, or for spam advertising web
sites of our customers or our customers’ customers.
The Policy -
• Wissen Technologies has the right to charge $1000 (INR 50000.00) per complaint
to investigate. • Wissen Technologies does not deal with your customers or their
customers etc.; we hold our customers responsible for dealing with spam from or
about their section of the network. • On any complaint from our dedicated server
provider we will suspend your account and depending on the investigation you may
be charged our US$ 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 customers.
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.
Export Control Violations –
The law limits the ability of persons to export encryption software, over the Internet
or otherwise, to points outside the United States.
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.
Other Activities –
Whether lawful or unlawful, that we determine to be harmful to our customers, 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 customer. We will not, as an ordinary practice,
monitor the communications of our customers 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 customer’s
contract with us.
We also are aware that many of our customers are, themselves, providers of hosting
services, and that information reaching our facilities from those customers may
have been originated by customers of those customers or other third parties. We
do not require our customers who offer hosting services to monitor or censor transmissions
created by customers of its customers. At the same time, customers who knowingly
transmit materials that violate law or our policy are, themselves, in violation
of our policy.
Similarly, we anticipate that customers 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 customers. 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 customers 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 customers’ on-line
communications. In particular, we will not intentionally monitor or disclose any
private electronic mail messages sent or received by our customers 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 customers and us from harm, or where such disclosure is necessary
to the proper operation of the system. We are not responsible for loss of customer
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 customer’s responsibility
to have a full backup of their site. We expect that our customers who provide hosting
services to others will comply fully with all applicable laws concerning the privacy
of on-line communications. A customer’s failure to comply with those laws will violate
our policy.
Finally, we wish to emphasize that in signing the Services Agreement, customers
indemnify us for any violation of the customer 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 customer
that violate any law, the Services Agreement or this policy (which is part of the
Services Agreement), the customer 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 customer’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.
DISCLAIMER –
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 USA 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 reseller of an ICANN valid registrant. 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 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 customer 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 customer’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 customer
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 customer 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 customers,
as responsible members of the Internet community and us. We try our best to make
our customers hosting experience better and more secure.
Note:
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 customers 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 contact@wissentechnologies.biz and we will try
our VERY BEST to help you. We are always there for you but we expect our customers
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 customers.