Acceptable Use Policy, Terms and Conditions
Systron Micronix Pvt. Ltd. – hereafter referred to as Systron Micronix – provides Internet World Wide Web page hosting, Marketing, and Development. Systron Micronix has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. Systron Micronix general policy is to act as a provider of internet presence. Systron Micronix has specific ethical concerns regarding the use of its computers detailed below. Systron Micronix reserves the right to suspend or cancel a customer’s access to any or all services provided by Systron Micronix when we decide that the account has been inappropriately used.
Specific Acceptable and Prohibited Use Policies Server abuse
Any attempt to undermine or cause harm to a server, or customer, of Systron Micronix is strictly prohibited.
Unauthorized use of other people’s accounts or computers
Systron Micronix will strongly react to any use or attempted use of an Internet account or computer with- out the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Systron Micronix customer, whether or not the attacked account or computer belongs to Systron Micronix, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Adult Sites, That Place Adult Materials On Their Sites
Any type of pornographic materials, hate materials, adult materials (that does not necessarily mean pornography only), racial materials, or unlawful practices.
Abuse of Unlimited Traffic and/or Unlimited Storage
Systron Micronix’s customers are privileged to be offered unlimited traffic (with all accounts) and/or unlimited storage (with Certain Packages) for their web sites. The intention of Systron Micronix is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on Systron Micronix’s server. This policy does ONLY apply to websites who are considered to be abusing services – bandwidth in particular. It is NOT applicable to photo galleries, even if several hundred megabytes of web space are in use. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Systron Micronix management. Any customer who violates Systron Micronix’s policies in abusing either space/site transfer will be notified and given 5 days to remedy the problem. If the problem is not resolved within the allotted 5 day period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites offering download files or archives (this is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources. For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 10 GB (10,737,418,240 bytes) per month. Thereafter, normal data transfer cost of $6.00/1GB will apply. Unless special agreement has been met, traffic overages will be billed in blocks of 10GB and cannot be prorated. Systron Micronix will be the sole arbiter as to what constitutes a violation of this provision. Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are un-welcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Spamming, or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
We do not allow clients to install their own chat rooms, without approving it with the Systron Micronix support team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
Customer agree that he or she as the person legally responsible for use of this account are at least 18 years of age. Customer agree to supply Systron Micronix with a current and truthful name, postal address and telephone number for our records, and Customer have a continued obligation to keep this information current. Customer also agree that they are an authorized user of any credit card that they supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
NO INTERFERENCE WITH OPERATION OF SYSTEM
Customer agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which Customer are authorized for, and impairing the availability, reliability, or quality of service for other customers. Customer further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. Customer agree to follow the Acceptable Use Policy of any network or service Customer connect to.
Customer agree to adhere to system policies as published online by Systron Micronix, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Systron Micronix. Customer agree to abide by any and all future Systron Micronix policy decisions.
Customer agrees that the security of there account is solely there own responsibility. Customer further agree that if they believe the security of there account has been compromised in any way, They will notify Systron Micronix immediately in writing by registered mail, with return receipt, to Systron Micronix, M9/L7, Bajaj Wing, Mangalwari Commercial Complex, SADAR, Nagpur – 440001, MH (India). Customer shall be held fully responsible for any misuse or compromise of there account for which Systron Micronix is not properly notified. Customer agree not to provide or share access to there account to any third party, and that Customer are responsible for any use of there account by any party to whom such access has been provided. Customer agree that certain features of there account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to there account are not to be used to resell services to third parties, and that Customer are responsible for the actions of any party which utilizes those features. Customer agree that if any security violations are believed to have occurred in association with there account, Systron Micronix has the right to suspend access to the account pending an investigation and resolution. Customer also agree that Systron Micronix has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to Customer.
BACKUP OF DATA
Customer uses of the services is at there sole risk. Systron Micronix is not responsible for files and data residing on there account. Customer agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Systron Micronix servers.
TRANSMITTAL OF MATERIALS
Customer agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Systron Micronix or any other service with reference to services obtained through Systron Micronix, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause there services to be terminated immediately and without warning, and Customer will be held fully responsible for any damages to Customer, Systron Micronix, or any other party or parties resulting from any such conduct.
All accounts are set up on a pre-pay basis. . All pricing is guaranteed for the term of pre-payment. Systron Micronix reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Systron Micronix in writing for a request for termination of services. All payment is in U.S. and other currency.
Systron Micronix reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Systron Micronix if Systron Micronix institutes it’s right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e.transfer, space etc.). Customers can cancel service any time by sending email to email@example.com. Systron Micronix would welcome a reason for cancellation, however this is not necessarily required. Refunds will be honored within three weeks and be credit back to client credit card. Please note that refunds for money wires and / or check orders cannot be honored as they are not applicable.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. Money back guarantee: Notwithstanding above stated Refunds provisions, any charges relating to core services provided by Systron Micronix such as Shared Hosting, cloud server nodes, Dedicated Servers are covered by a Seven (7) day money back guarantee. A claim may be made for a refund of these charges only within the first seven (7) days, starting from the Service Commencement Date, should the service not meet your requirements. The seven (7) day money back guarantee does not cover Setup and add-on license fees (e.g. Plesk, cPanel, Windows, Backup Software and the like) or domain registration. You will be refunded the amount paid by the means with which you paid and as soon as possible and in any event within 15 working days. Should you have any queries please contact us on firstname.lastname@example.org. Systron Micronix reserves the right to refuse to provide a refund under the money back guarantee if Systron Micronix reasonably believes that you are acting in an unacceptable manner or attempting to abuse the money back guarantee which Systron Micronix offers as a goodwill gesture.
Service Level Agreement (SLA)
We guarantee that our network, data centre HVAC, and power will be functioning 99% of the time on any given month, with the following exceptions:
- Any period prior to the problem being reported by you to our support team.
- Scheduled maintenance windows and emergency maintenance windows.
- Planned migrations.
- Server shutdown due to account suspension.
- Factors outside our control, such as force majeure events, failure of our upstream providers or your ISP.
- Software running within your virtual servers.
- Actions of third parties, such as server compromises, denial of service attacks and viruses.
- Violations of our Acceptable Usage Policy.
- User activity errors.
If we fail to meet the guarantee stated above you can claim for a credit of the following value:
10 times the pro-rated rental for the downtime of the affected services, beyond the 99% uptime guarantee. This is capped at 100% of the monthly rental for the affected services in any one month.
Systron Micronix reserves the right to refuse service to anyone. Customers may only use Systron Micronix Host server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Systron Micronix expressly forbids anyone from using Systron Micronix servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Systron Micronix management.
Customer agrees that it shall defend, indemnify, save and hold Systron Micronix harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Systron Micronix, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend,indemnify and hold harmless Systron Micronix against liabilities arising out of(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Systron Micronix’s servers; 2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Systron Micronix’s server.
You agree that Systron Micronix is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.
Systron Micronix will not be responsible for any damages your business may suffer. Systron Micronix makes no warranties of any kind, expressed or implied for services we provide. Systron Micronix disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Systron Micronix Web hosting and its employees. Systron Micronix reserves the right to revise its policies at any time. All Sub-Networks, resellers and dedicated servers of Systron Micronix web hosting and / or Systron Micronix, Inc.and / or Systron International and / or Tornado Biztech must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Systron Micronix AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Systron Micronix unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Systron Micronix’s prior written consent. Systron Micronix’s approval for assignment is contingent on the assignee meeting Systron Micronix’s credit approval criteria. Systron Micronix may assign the Agreement in whole or in part.
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