The TOU and any other agreement for Indiaexcite services will be governed by and construed in accordance with the laws of the State of Tamil Nadu, India without reference to its conflicts of laws principles.
Indiaexcite’s servers and other infrastructure 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 Indiaexcite’s services, all Indiaexcite’s customers certify that they and/or the organization they represent in procuring services from Indiaexcite 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.
The following are the list examples of items that are not allowed to be hosted in any account:
Ponzi Schemes, Money Pyramid Schemes, FOREX, E-Gold
Proxy, Bots, Spam Bots, Port Scanners, IP Scanners, Mail Harvesting Scripts, Brute Force Scripts, Top Sites, Chat Rooms
Banner Rotators, File Dumps, Using disk space as Secondary Storage
Escrow, Sales of illegal pharma, drugs, explosives
Malware, Warez, Phishing Materials, Lottery, Gambling, Illegal Downloads, Pirated Software Distributions
Fraud sites as listed in but not limited to aa419.org etc.
Streaming of live copyrighted events
Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Indiaexcite.
The customer is solely responsible for security of any software/scripts installed in their account. The customer must maintain proper permissions to all folders and files in their website and should keep passwords and other login credentials safe. We advise the customer to use strong password and keep changing them at least once in a month.
If a customer’s website is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
Shared hosting accounts can be used purely for web hosting alone. It cannot be used for backup for storing data, software distribution, storing large pdf files, high resolution images etc. Content not used for a website cannot be stored in its space. Only normal contents such as html pages, scripts, images related to website, database can be hosted in a shared space. Audio / Video and high resolution images storage is not allowed in shared accounts.
Any violation found or reported to any of the above clauses will result in account suspension or termination with or without notice.
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 Indiaexcite’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 Indiaexcite’s server, and selling or distributing software (on a web site residing on a Indiaexcite’s server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediate suspension. Indiaexcite reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Sites that are advertised using SPAM cannot be hosted in our servers.
The following are the general mailing policy used in Indiaexcite’s servers:
500 emails can be sent per hour. If you exceed beyond this limit, you will get a bounce back message. If you get such errors, please try sending after 1 hour.
Number of times you check to the mail server via POP3 / IMAP is restricted to 30. If you exceed this, you will get a failed login error. Connecting to mail server once in 10 min is ideal.
Catch all or default mail id must be set to fail. This is to avoid stacking of unnecessary spam mails in the server which finally results in large number of inode creation in the file system. This ultimately results in disk failure.
3. 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.
4. Viruses and Other Destructive Activities
Use of Indiaexcite’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 Indiaexcite’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
5. Resource Usage
Email / Website Disk Usage
Stacking large number of emails increases inodes and results in file system corruption. It also hinders various server level processes from functioning at normal load. Hence all mails have to be downloaded from the server then and there. Hosting accounts cannot be used as email storage space. Sites that use higher than this limit has to be upgraded to next available accounts such as VPS or semi dedicated account based on the usage. Failing to upgrade the account will result in suspension or termination of the website. Customer accounts can use disk space up to 1 GB maximum including emails, website files, database etc. Only files required for running of the website such as html,php etc can be hosted. Zip archives, downloads, videos, audio files and other software or warez downloads are strictly prohibited. Hosting space cannot be used for data storage or backup dumping. It cannot be used for file sharing, spam software downloads, software key downloads etc. Sites that use higher than this space limit has to be upgraded to next available accounts such as VPS or semi dedicated account based on the usage. Failing to upgrade the account will result in suspension or termination of the website.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers) reserves the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers. Customers may be offered an option whereby Indiaexcite continues hosting the website for an additional fee or upgrade to a higher account. Indiaexcite will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be suspended / terminated without prior notice.
The following are the list examples of activities that are not allowed to be hosted in any account:
- Scripts running bots, spiders, port scanners, mail blasters
- Gaming servers, IRC relays
- Peer to Peer sharing, File sharing
- Calling include files as a URL rather than as a local file
- Running bit torrent applications, trackers
A user may not exceed 20 % of total CPU usage for more than 100 seconds. Usually the reasons for such a spike in usage are poorly written php,cgi, perl or other scripts. If cron jobs are run, it must be scheduled at minimum of 15 min once and not less than that. Running MySql queries for more than 15 seconds is not allowed.
Sites that attract DDOS attacks or automated attacks cannot be hosted in any of the accounts. If found to violate such a term, the account will be immediately suspended / terminated without prior notice. The customer have to immediately change the name servers out of our servers.
Inode count in a particular account may not exceed 75000. A single inode represents a file in your website ( Includes image, files, emails etc). Frequent creation and deletion of inodes is also prohibited. Most of the cases inode generation is too high due to default or catch all mail ids. It is better to keep them as :fail: which will avoid mails getting stacked up in the server thus increasing inodes creation.
7. Back Up
Indiaexcite’s shared hosting services are in NO way responsible, for the management and backup of all data, and all updates, upgrades, emails and patches to any software that shared server customer use in connection with Indiaexcite’s services. The customer agrees that the customer is solely responsible for maintaining back up of their website files, emails, database etc., at the customer’s end by way of self-maintaining or entering into a maintenance agreement for maintaining your application for backups and restoring process.
8. Bandwidth Usage
Per site should not exceed more than 5GB of Bandwidth per Month in shared small biz, individual accounts under Indiaexcite’s shared server. Each account is allotted with certain bandwidth limit on monthly basis. In case an account should exceed the allowed limit, Indiaexcite reserves the right to keep it suspended till the next bandwidth calculation period starts. Customer may be presented with options to upgrade to a higher account and / or purchase additional bandwidth. Indiaexcite also reserves the right to terminate the account and charge you for the excess usage in your account.
9. Database Usage
- Running queries which takes longer than 15 seconds are prohibited.
- Mysql databases can be managed using php my admin available in the hosting control panels. Remote accessing of MySql database using local applications or programs is not allowed.
- Database space is included along with the hosting account space. But to make sure that no single database monopolizes database server resource, any single database cannot be more than 150 Mb in space in shared accounts. Sites that have databases which exceed such a limit will be offered with higher level package wherein they can upgrade and keep using it. The customer has to either upgrade the account or cut down the usage in database.
10. Customer Responsibility
Customer is responsible for his account and must make sure that it is secure and updated without vulnerabilities such as old / outdate scripts, wrong folder permissions etc. Customer is solely responsible for his content stored and transmitted through his account.
Customers are required to use the Indiaexcite network responsibly. This includes respecting the other customers of Indiaexcite. Indiaexcite reserves the right to suspend and/or cancel service with any customer who uses the Indiaexcite’s network in such a way that adversely affects other Indiaexcite’s customers.
While Indiaexcite may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Indiaexcite does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Indiaexcite becomes aware of any violation of the TOU or other user agreements, Indiaexcite may take any action to stop or correct such violation, including, but not limited to, denying access to Indiaexcite services and equipment or to the Internet. Indiaexcite anticipates that customers who offer Internet services will cooperate with Indiaexcite in any corrective or preventive action that Indiaexcite deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Indiaexcite’s policy and Indiaexcite reserves the right to take action.
Indiaexcite 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 unauthorized 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. The customer agrees that Indiaexcite 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 Indiaexcite Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Indiaexcite. INDIAEXCITE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
11. Actions Taken by Indiaexcite
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Indiaexcite will be the sole arbiter as to what constitutes a violation of the TOU. Indiaexcite reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Indiaexcite becomes aware of an alleged violation of its TOU, Indiaexcite will initiate an investigation. During the investigation, Indiaexcite may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Indiaexcite 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, Indiaexcite 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. Indiaexcite 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 Indiaexcite.
Indiaexcite customers agree to protect, defend, hold harmless, and indemnify Indiaexcite, any third party entity related to Indiaexcite (including, without limitation, third party vendors), and Indiaexcite executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Indiaexcite, 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 Indiaexcite services.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Indiaexcite’s services, either in whole or in part, without the prior written consent of Indiaexcite.
The Indiaexcite’s 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. Indiaexcite expressly disclaims any representation or warranty that the Indiaexcite’s service will be error-free, secure or uninterrupted. No oral advice or written information given by Indiaexcite, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Indiaexcite 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.
15. Force Majeure
Indiaexcite will not be liable for delays in its performance of the TOU or Indiaexcite’s services caused by circumstances beyond Indiaexcite’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.). Indiaexcite 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.
16. 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 Indiaexcite and its customers. Each of Indiaexcite 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.
17. 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.