Birbals: Terms and Conditions

Terms and Conditions of Service

In providing its Internet Hosting service Birbals is required to meet a range of legal and ethical responsibilities. In the interests of its customers and of the service provided to them, Birbals also requires that they observe certain mutually protective and beneficial standards of behaviour. These are outlined in the paragraphs below.

Please read these Terms and Conditions carefully before registering for this service. If you do not accept these terms, you may not access or otherwise use these services. Registration for or continued use of the Web Hosting facilities offered by Birbals indicates your acknowledgement that you have read and accepted these Terms and Conditions and that you agree to be bound by them. Birbals reserves the right to suspend or cancel a customer’s access to any or all services provided directly or indirectly by Birbals when we decide that these terms have been broken or intent of these Conditions has been abused.

Modification of this agreement

Birbals reserves the right to amend its terms of operation by posting the amended Terms and Conditions on its web site. The effective date of the modified Terms and Conditions shall be the date on which the modified terms were posted on the web site. The customer accepts a duty to periodically check the Terms and Conditions posted on the Birbals web site. Birbals may also add, delete or modify some or all of its services from

Applicable Laws

The operational bases of Birbals are located at #1047 Sector 42 B , Chandigarh. The agreement between you and Birbals is therefore subject to the laws of India. For clients outside India they are also subject to the laws of India.

This Agreement sets forth the Standard Terms and Conditions that apply to the use of the Birbals. [EBirbals is Registered Company Name In India].

Birbals provides hosting service to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Birbals are subject to the following terms of service.

PAYMENTS :

We accept Demand Draft/ PayPal / Western Union /Wire Payments, you can Purchase our services from 2Checkout.

RESELLER HOSTING PLANS:

All Reseller Hosting plans include a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus set-up fees and overage charges) if you cancel your account within 30 days of account activation.[ Accounts cancelled/terminated by Birbals for violation of Terms of Use do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.]

DEDICATED SERVERS :

All payments to Dedicated servers fees are nonrefundable. The money-back guarantee does not apply to dedicated servers, or any fees associated with these accounts.

ACCOUNT CANCELLATION:

RESELLER ACCOUNTS :

All requests for canceling any service / services must be sent to admin@birbals.com with reason for cancel account. We do not take any fees for remove your accounts.

DEDICATED SERVERS :

All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to billing@birbals.com. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM Monday – Friday. ALSO WE CHARGE $150 TERMINATION FEES.

UPTIME GUARANTEE:

Only for Reseller hosting packages
All Packages Include 99% uptime guarantee. But Guarantee credit does not cover scheduled downtime.

SERVER HARDWARE FOR DEDICATED SERVERS:
Hardware replacement will occur within 8 hours of the reported problem, Birbals.Com will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer’s monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time.

For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@birbals.com. violations will be reviewed by our personnel Monday – Friday 9AM to 5PM . *Hardware violations do not cover network violation*

Birbals.Com not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Birbals.Com shall not be liable for loss of data under any circumstance.

ACCEPTABLE USE POLICY:

All services provided by Birbals may be used for lawful purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Birbals and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Pornography is prohibited on all Birbals servers. This includes sites that include sexually explicit or hardcore images
and/or advertising. We do not host adult content of any description. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Birbals reserves the right to determine what is and what isn’t acceptable for our servers.

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.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or
other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network.

Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

COMMERCIAL ADVERTISING – EMAIL:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers.

Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

SECURITY:

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

SERVER RESOURCES

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Birbals shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity immediate deactivation of services without without prior notice.

CGI SCRIPTS:

CGI script sharing with domains not hosted by Birbals is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If you Going To use CGI Please contact us because use it.

CHAT ROOMS:

Birbals.Com does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, Birbals provides Java chat rooms that meet most users’ needs and run without hindering system performance. If you Going To use Chat rooms Please contact us before use it.

BACKGROUND RUNNING PROGRAMS AND CRON JOBS:

Birbals may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Birbals at support@birbals.com so that we can arrange set-up.

ICQ:

Birbals does not allow IRC or IRC bots to be operated on our servers.

FREE WEB HOSTING:

We Do Not Allow To Offer Free Web Hosting On Our hosting service Plans. If we found Free hosting service under our servers we will deactivation of services without without prior notice

ACCOUNT CREATION LIMIT:*

such as, but not limited to create unlimited domains But we do not allow to create under 5MB Accounts. But you can use 5MB Account for own use ,But not allow to resell.

FORMMAIL:

Due to known security issues with all versions of Matt Wright’s FORMMAIL form-to-e-mail script we do not allow it. We do provide a version in the system wide cgi-bin that works exactly the same and doesn’t have the security issues. If you want FORMMAIL then contact support you will get good PHP FORMMAIL .

SERVER ABUSE:

Any attempts to undermine or cause harm to a Birbals server or customer are strictly prohibited.

SOFTWARE DISTRIBUTION:

Birbals’s shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia
products. If you wish to distribute software and/or multimedia files, please contact sales@birbals.com to make special arrangements.

MULTIMEDIA FILES:

Multimedia files are defined as any graphics, audio, and video files. Birbals Reseller Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

DATABASES:

Any database stored on Birbals provided servers shall be limited in size to 10% of the total disk space allotted for that particular domain’s plan/web hosting account.

LIMITATION OF LIABILITY:

Birbals.Com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Birbals servers going off-line or being unavailable for any reason whatsoever. Furthermore, Birbals.Com (Birbals) shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Birbals servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@birbals.com. All complaints will be investigated promptly.

DISCLAIMER:

Birbals.Com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Birbals.Com are resold. Thus, certain equipment, routing, software, and programming used by Birbals.Com are not directly owned or written by Birbals. Moreover, Birbals holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Birbals sees fit.

FURTHERMORE, Birbals.Com (Birbals) retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.