Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
- (1) 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.
- (2) 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.
- (3) If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, 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.
- (4) 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 and the administrative fees will be ₹25000. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
- (5) 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.
- (6) We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
Account Security and Company Systems
- (1) 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.
- (2) Your password provides access to your account. It is your responsibility to keep your password secure.
- (3) It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
- (4) Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized
- (5) We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
- (1) Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. OrSeen does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- (1) Domain Registrations: No refund is applicable once the domain is registered.
- (2) Domain infringement: You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: Flipkartsale.in
- (3) Domain Renewal: We will send you reminders to renew your domain one month before the expiry. For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.
- Any service interruptions or downtime due to scheduled maintenance by OrSeen or our network providers will not count towards the uptime guarantee.OrSeen is not liable in any way for failure of third party services.OrSeen will not be liable for failure or delay in performing its 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.
- (a) You decide to discontinue -
At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours.
- (b) Cancellation upon expiration -
If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date).
- (c) You did not renew -
In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 48 hours (after the expiration date).
- (d) A Dispute or ChargeBack -
During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with OrSeen before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.
- (e) Potential fraud -
We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.
Limitation of Liability
- (a) To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold OrSeen, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the
- (b) Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including OrSeen's licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).
- (c) You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.
- (a) Customer agrees that they will protect, indemnify, save and hold OrSeen harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against OrSeen, 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 it's customers, agents, employees or assigns.
- (b) Customer agrees to defend, indemnify and hold OrSeen harmless against liabilities arising out of –
Any injury to person or property caused by any products sold or distributed in association with OrSeen's Services;
The loss of any electronic files furnished by customer (Or customer's customer);
Copyright violation and any defective products sold to a customer from OrSeen's Services
Dispute Resolution. Jurisdiction
- (a) In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and OrSeen shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
- (b) You agree that the Courts of Bengaluru Karnataka (India) shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as well as any other document entered into by the Parties shall be governed by the laws of India.
- The prices of our services may be changed from time to time depending on our vendor's pricing. We are authorized partners of multiple license providers and domain registrars. If there's any change in their pricing structure, we will be forced to increase the prices of our services to cover our costs. You are required to review billing information from time to time to avoid any surprise pricing.
Late Payment or Non-Payment
- Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
- If your account gets terminated, the data residing on it won't be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
Change of TOS
- OrSeen may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.
- By using our service you agree to OrSeen’s Terms of Service