Terms & Conditions
Customer Agreement :
DVRSindia.in provides hosting and email services, plus domain registration, reseller hosting and dedicated server hosting. All customers should agree on all terms & conditions stated prior to their signing up for any of the hosting plans & services mentioned on DVRSindia.in. You shall agree to use only licensed & legal third party softwares in connection with your use of our services. DVRSindia.in reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when DVRSindia.in decides that the account has been inappropriately used or otherwise.
Customer agrees that they will protect, indemnify, save and hold DVRSindia.in harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against DVRSindia.in., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns.
Customer agrees to defend, indemnify and hold DVRSindia.in. harmless against liabilities arising out of –
I. Any injury to person or property caused by any products sold or distributed in association with DVRSindia.in.’s Services;
II. The loss of any electronic files furnished by customer (Or customer’s customer);
III. Copyright violation and any defective products sold to a customer from DVRSindia.in’s Services
DVRSindia.in reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian law is prohibited. The list of banned content includes, but is not limited to :-
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above.
Also includes any sites which provide “links to” or “how to” information about such material.
IRC Hosts – Hosting host an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
Prohibited Contents also includes, but is not limited to:
Any Automated Bots
Adult Content Pornography
DVRSindia.in reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.
Abuse Of Resources:
- Any attempts to compromise or actual compromise of a network device belonging to DVRSindia.in or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.II. Denial of Service (DOS) attacks directed at DVRSindia.in, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
III. Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
IV. The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.
V. The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.9% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
If any client is in any way disrespectful towards any member of the DVRSindia.in staff we have full right to remove them from our services without any refund.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM):
Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer’s access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
DVRSindia.in provides hosting and email services, plus domain registration and dedicated server hosting. DVRSindia.in reserves the right to suspend or cancel a customer’s access to any or all services provided by DVRSindia.in at any time, or when DVRSindia.in decides that the account has been inappropriately used or otherwise.
Please note that we are not the domain registrar therefore we do not have our owned nominate tags or NIC tags this means the domains can only be transferred to us via name servers.
To complete a full transfer you will require a domain registrar. As a part of our service we also register and transfer the domain, however the transfer charges are applicable.
Sites come with a free domain for 1 year provided you select the right option. We register sites through a partner company. We do not place your details on the whois output of the domain due to legal reasons however if you commit any sort of an illegal activity we reserve full right to provide the appropriate personnel with your details. If you wish to have your details displayed upon the whois output please contact us after signing up and we will be glad to assist you.
Adult Content : We allow websites with legal Adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.
“Due to a legal agreement between ENOM INC, our domain registrar, and LegitScript, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. BODHOST LIMITED . has no control over this process and disputes will need to be handled through the proper legal channels in the disputed country.”
Server / Resource / Staff Abuse:
Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.9% up time we cannot fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
Denial of Service (DOS) attacks directed at DVRSindia.in, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
If any client is in any way disrespectful towards any member of the DVRSindia.in staff we have full right to remove them from our services without any refund.
If the customer’s account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.
We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS’ themselves. The support team will not be responsible for this.
Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE):
Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. DVRSindia.in would be the sole arbiter as to what constitutes a violation of this provision.
In order to ensure that our shared servers & vps nodes as well semi-dedicated server hardware node give us optimum performance we have set limits on the number of outgoing mails which can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 200 outgoing mails per hour, our VPS customers would be able to send 500 outgoing mails every hour and the semi-dedicated hosting customers may send 750 outbound mails per hour. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.
DVRSindia.in will make every reasonable effort to protect and backup data for client on a regular basis, however DVRSindia.in does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Any backup copy maintained by DVRSindia.in will not have any media file included in it. We would however include flash files.
If paying by a cheque, please allow 5 days for the cheque to clear and for us to open the account. If paying via postal orders or cash your account will be set up on the same day.
Invoices are generated 5 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.
The contract will be auto renewed unless specified otherwise by either parties.
You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.Users who violate systems or network security may incur criminal or civil liability. DVRSindia.in will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Control Panel Support:
Our staff members will not help you over live chat, ticket or phone support to setup email accounts, sub-domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through our Flash Tutorials as well as our knowledgebase to understand all features of respective control panels. Our support team will assist you with any of the functions which won’t work or if there’s any server side problems that needs to be sorted from our end. Customers may consider help from our forum to get detailed information from other forum members, however basic tasks that can be managed from the control panel is expected to be sorted from the client’s end only.
You will need to upload your website from your end using file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains, etc should be setup from the client’s end only.
Cancellations & Refunds:
DVRSindia.in reserves the right to suspend OR terminate services on receipt of Abuse complaints. An unconditional 30 day money back guarantee is provided on managed shared hosting, reseller hosting, semi-dedicated hosting and VPS solutions. Domain registration Fees & Dedicated Server packages do not come under the purview of this guarantee. Refund requests after 30 days will be refunded on a prorated basis of any unused time.Only first-time accounts are eligible for a refund. For instance, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
There will be no refund for new domain registrations, WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SSL Certificates and Site Builder as these are purchased from External Vendors & DVRSindia.in does not get any refund in case of cancellation of licenses. Any service interruptions or downtime due to scheduled maintenance by DVRSindia.in or our network providers will not count towards the uptime guarantee. DVRSindia.in is not liable in any way for failure of third party services.
DVRSindia.in will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Money back Guarantee:
Dedicates servers & Domain Registrations are not included under the 30-day money back guarantee policy. DVRSindia.in reserves the right to decide whether or not to issue pro-rated refunds under such circumstances. All subscribers of managed shared, reseller, VPS and semi-dedicated hosting plans carry a 30 day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30-days of the date of account set-up.
We also provide a Price-Freeze guarantee. You would never have to pay more than what you signed up for your hosting service. DVRSindia.in reserves the right to change the resource allocation for its services & also to change the prices listed on the website. License costs of all third party applications and software offered with our plans are subject to change without written intimation.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion DVRSindia.in reserves the right to modify / change the terms of service at all times. All customers would be bound by the newest terms published on the website.