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 time to time at
its sole discretion.
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.
