The TOU supersedes any other agreement with Avontia Technologies, whether written, oral, by conduct, or otherwise.
- Avontia Technologies Web Hosting & Ecommerce Customer Restrictions
- Avontia Technologies Dedicated Server Customer Restrictions
- All Avontia Technologies Customer Billing Policy
A. Avontia Technologies Web Hosting & Ecommerce Customer Restrictions
Any Website 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. Avontia Technologies will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of INR 500.00/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Avontia Technologies’ customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Avontia Technologies server, and selling or distributing software (on a Web site residing on a Avontia Technologies server) that facilitates spamming. Violators will be assessed a minimum fine of INR 10,000.00 and will face immediate suspension. Avontia Technologies reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Avontia Technologies does not permit CGI script sharing with domains not hosted by Avontia Technologies or any scripts that may be abused for UCE purposes.
Avontia Technologies does not allow Web Hosting and Ecommerce 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, Avontia Technologies can provide chat rooms that meet most users’ needs and run without hindering system performance at a small charge.
Background Running Programs and Cron Jobs
Avontia Technologies may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Avontia Technologies at [email protected], so that we can arrange set-up.
Avontia Technologies does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
Avontia Technologies’ Web Hosting and Ecommerce 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 [email protected] make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. Avontia Technologies Web Hosting and Ecommerce 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.
Any database stored on Avintia Technologies’ Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain’s plan/web hosting account.
B. Avontia Technologies Dedicated Server Customer Restrictions
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
Avontia Technologies allows Dedicated Server customers the use of IRC inside the Avontia Technologies network as long as the use of IRC on a Avontia Technologies server does not violate any of the other terms of these TOU. As a policy, Avontia Technologies will not provide vanity IRC reverse DNS records. To enforce this policy Avontia Technologies does not turn the reverse address of IPs over to the customer. Authority over this information remains with Avontia Technologies.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Avontia Technologies Services & Skyark Hosting.
Avontia Technologies’ services include, but are not limited to:
Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that Avontia Technologies provides to customers);
Any use by customers, or any access provided to customers by Avontia Technologies, of computing, telecommunications, software, information, hardware, and equipment;
Any act, or provision of any service, by Avontia Technologies to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
Any provision by Avontia Technologies to customers, of any space, Internet connectivity, or electrical power;
Any access or use related to the Avontia Technologies’ Web site, including the Web site itself;
Any other service mentioned in the TOU;
Any other service provided by Avontia Technologies to customers, whether used or not;
Any other Avontia Technologies services that are used by customers, whether offered or provided by Avontia Technologies to customers.
Ownership of Web Site
The legal owner of customers’ Web sites and accounts with Avontia Technologies will be the individual or organization whose name is listed in Avontia Technologies’ database as the owner. Customers will fully cooperate with and abide by any and all of Avontia Technologies’ security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Avontia Technologies.
Avontia Technologies servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Avontia Technologies’ customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Avontia Technologies server, and selling or distributing software (on a Web site residing on a Avontia Technologies server) that facilitates spamming. Violators will be assessed a minimum fine of INR 10,000.00 and will face immediate suspension. Avontia Technologies reserves the Avontia to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Avontia Technologies’ services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Avontia Technologies’ services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Avontia Technologies customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Avontia Technologies customer (per the DMCA) to Avontia Technologies must follow the below procedures. Copyright infringement notifications submitted to Avontia Technologies according to these procedures will be processed within 30 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Avontia Technologies’ sole discretion.
DMCA Copyright Infringement Notification Requirements
- Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”). # Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for Avontia Technologies to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant’s name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Forward all information to [email protected]
Child Pornography & Illegal Content
The use of Avontia Technologies’ services to store, post, display, transmit, advertise or otherwise make available child pornography or any other Illegal content is prohibited. Avontia Technologies is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Customers are required to use the Avontia Technologies network responsibly. This includes respecting the other customers of Avontia Technologies. Avontia Technologies reserves the right to suspend and/or cancel service with any customer who uses the Avontia Technologies network in such a way that adversely affects other Avontia Technologies customers. While Avontia Technologies may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Avontia Technologies does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Avontia Technologies becomes aware of any violation of the TOU or other user agreements, Avontia Technologies may take any action to stop or correct such violation, including, but not limited to, denying access to Avontia Technologies’ services and equipment or to the Internet. In addition, Avontia Technologies may take action against a customer or a customer of such customer because of the activities of such customer. Avontia Technologies anticipates that customers who offer Internet services will cooperate with Avontia Technologies in any corrective or preventive action that Avontia Technologies deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Avontia Technologies policy and Avontia Technologies reserves the right to take any such action even though such action may affect other customers of the Avontia Technologies customer.
Actions Taken by Avontia Technologies
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Avontia Technologies will be the sole arbiter as to what constitutes a violation of the TOU. Avontia Technologies reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Avontia Technologies becomes aware of an alleged violation of its TOU, Avontia Technologies will initiate an investigation. During the investigation, Avontia Technologies may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Avontia Technologies may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Avontia Technologies will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Avontia Technologies does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Avontia Technologies.
Avontia Technologies customers agree to protect, defend, hold harmless, and indemnify Avontia Technologies, any third party entity related to Avontia Technologies (including, without limitation, third party vendors), and Avontia Technologies’ executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Avontia Technologies, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Avontia Technologies’ services.
The Avontia Technologies service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Avontia Technologies expressly disclaims any representation or warranty that the Avontia Technologies service will be error-free, secure or uninterrupted. No oral advice or written information given by Avontia Technologies, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Avontia Technologies and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Termination for Bankruptcy or Insolvency If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Avontia Technologies may immediately terminate provision of Avontia Technologies’ services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Avontia Technologies in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL AVONTIA TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION, AVONTIA TECHNOLOGIES’ EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS AVONTIA TECHNOLOGIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING AVONTIA TECHNOLOGIES’ SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR AVONTIA TECHNOLOGIES SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY AVONTIA TECHNOLOGIES SERVICES EVEN IF AVONTIA TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AVONTIA TECHNOLOGIES’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR AVONTIA TECHNOLOGIES’ SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY AVONTIA TECHNOLOGIES OR AVONTIA TECHNOLOGIES’ REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Avontia Technologies may discontinue, upgrade, replace, modify, or change in anyway, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Avontia Technologies’ services. Certain changes to Avontia Technologies’ services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Avontia Technologies is not liable, for any and all such personalized applications and content, except as expressly agreed to by Avontia Technologies.
Backup of Data
Except where Avontia Technologies has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Avontia Technologies is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Avontia Technologies services.
Third Party Licenses
Avontia Technologies makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Avontia Technologies makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Avontia Technologies specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Avontia Technologies liable in any way for the revocation of any license, which has been licensed to Avontia Technologies. The use of the Technologies obtained from or through Avontia Technologies, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Avontia Technologies Products
Any mention of non-Avontia Technologies products by Avontia Technologies, its employees, or any third party entity related to Avontia Technologies is for information purposes only and does not constitute an endorsement or recommendation by Avontia Technologies. Avontia Technologies disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Avontia Technologies products or services
Avontia Technologies’ Intellectual Property
Customers will not, without Avontia Technologies’ express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Avontia Technologies’ Web site, and customers will not use any of Avontia Technologies’ trademarks, service marks, copyrighted materials, or other intellectual property without Avontia Technologies’ express written consent. Customers will not, in any way, misrepresent their relationship with Avontia Technologies, attempt to pass themselves off as Avontia Technologies, or claim that customers are Avontia Technologies.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Avontia Technologies’ services, either in whole or in part, without the prior written consent of Avontia Technologies.
Minimum Age Requirement
Avontia Technologies’ customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a Avontia Technologies customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Avontia Technologies services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Avontia Technologies’ express written consent to the contrary. Any acceptance of the TOU or any other agreement for Avontia Technologies’ services will be deemed null and void to the extent that Avontia Technologies will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Avontia Technologies’ services.
Governing Law and Severability
The TOU, and any other agreement for Avontia Technologies services, will be governed by and construed in accordance with the laws of the State of Haryana, India without reference toits conflicts of laws principles. Any litigation or arbitration between a customer and Avontia Technologies will take place in the district court of Faridabad, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Avontia Technologies agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Avontia Technologies will not be liable for delays in its performance of the TOU or Avontia Technologies services caused by circumstances beyond Avontia Technologies’ reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions collectively “Force Majeure”). Avontia Technologies will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the TOU or other agreement for Avontia Technologies services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Avontia Technologies.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Avontia Technologies and its customers. Each of Avontia Technologies and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU intosections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Avontia Technologies services, constitutes the complete understanding and agreement between Avontia Technologies and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Avontia Technologies, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Avontia Technologies services is between Avontia Technologies and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Avontia Technologies.
All Avontia Technologies’ Customer Billing Policy
All charges are shown in USD. Payments are to be made in USD. Customers are also allowed to change to their preferred currency, as available, and pay the invoices.
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Avontia Technologies your credit card information, you authorize Avontia Technologies to automatically charge your credit or debit card for charges that apply to your account.
Customers not paying by credit card agree to make payment of their balance due within seven (7) days of the Account Statement Date.
Accounts that are fourteen (14) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Avontia Technologies offers one Billing Cycles (terms) for hosting charges: Monthly (1 month). The Billing Cycle begins on the Plan Activation Date. Resellers are also limited to the monthly Billing Cycle for all of their charges.
All additional features added to an account are also charged monthly or as cost schedules in specific proposals. Additional items are non-refundable.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Avontia Technologies does not mail paper invoices or statements. Statements / Invoices are available in customer’s billing area and emailed as well.
Processing fee – Avontia Technologies will charge 5% processing fee to adjust for the currency exchange and vendor processing fees.
Late fees – Late fees of 10% of Invoice amount will be charged after first invoice overdue.
Once a hosting account is cancelled, all data and files hosted on the servers are wiped off and no reactivation is possible. It’s the customers’ responsibility to backup all data from the server before cancellation and Avontia Technologies won’t be liable for any loss of such data on cancelled service.
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must open a ticket in your billing portal. Avontia Technologies’ Customer Relations Specialists will assist you with the cancellation process. Please be aware that there are no refunds for any cancelled service. All cancellations should go through our ticket support sytem only. No emails for cancellations will be entertained.
Cancellation requests must be received by Avontia Technologies a minimum of thirty (3) days prior to the end of your Billing Cycle for all plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Avontia Technologies. Avontia Technologies is unable to cancel your account effective for a future date. Avontia Technologies will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Avontia Technologies as soon as possible.
Avontia Technologies does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Avontia Technologies’ services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Avontia Technologies reserves the right to cancel any account, at any time, without notice, for any reason Avontia Technologies Corporation considers appropriate.
Except as otherwise mentioned in Product description, Customer shall not be entitled to any refund for any Services purchased hereunder. Setup Fees are not refundable.
Avontia Technologies’s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.