Terms Of Services

This Web Hosting Agreement is between VisualWebTechnologies and the person/persons who use our web hosting and domain service, Servers and all. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Our Legal Terms And Service Usage

Please read below terms before using Web Hosting Service or Domain Service or any other related Services at www.visualwebtechnologies.com.


All users of Visual Web Technologies ’s services, and all customers upon signing up for Visual Web Technologies services, agree to comply with Visual Web Technologies ‘s Terms of Use (“TOU”). The spirit of the TOU is to ensure customers are using Visual Web Technologies ‘s services with due regard to the rights of other Internet users and in conformity with the requirements of Visual Web Technologies ‘s network environment. The TOU are not exhaustive and Visual Web Technologies reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.visualwebtechnologies.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to [email protected] The TOU supersedes any other agreement with Visual Web Technologies , whether written, oral, by conduct, or otherwise.


Customer Agreement

VisualWebTechnologies provides , Linux Hosting,cPanel hosting, Windows hosting, email services, domain registration, reseller hosting, VPS hosting, Cloud hosting and dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on VisualWebTechnologies. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. VisualWebTechnologies reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when VisualWebTechnologies decides that the account has been inappropriately used or otherwise.


A. Visual Web Technologies Web Hosting & E-commerce Customer Restrictions

The following Terms of Use apply only to Visual Web Technologies ’s Web Hosting and E-Commerce customers, and supplement the terms in sections C and D that apply to all Visual Web Technologies customers:


Support

Visual Web Technologies offers support through email and automated service engine. Visual Web Technologies does not guarantee or apply any time limit for offering such support.

Phone support is available only for corporate accounts and dedicated servers alone.


Server Resources

Per site do not exceed more than 1 Gb bandwidth per Month.


Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers) reserves the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers. Customers may be offered an option whereby Visual Web Technologies continues hosting the website for an additional fee.


Visual Web Technologies will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.


Inodes

All services provided by VisualWebTechnologies may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless VisualWebTechnologies from any claims resulting from the use of our services.

Examples of Unacceptable Material:

  • Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
  • Mail bombers or any sort of spam sites
  • IRC Bots
  • Warez Sites
  • Hate Sites
  • Roms / Emulators
  • Pirated Software
  • Proxies
  • Hack programs and archives
  • Malicious Scripts
  • Spamming ( Includes Forum Spamming, Black Hat Scripts )
  • Tobacco products
  • Prescription drugs
  • Drugs and drug paraphernalia
  • Weapons (including without limitation, knives, guns, firearms or ammunition)
  • Satellite and cable TV descramblers
  • Pornography, adult material, material which incites violence, hatred, racism or which is considered obscene
  • DOS/DDOS Attacks Scripts (Booters, Botnet, PortScanning, Shell, Stressing Testing etc.)
  • IP Spoofing/ARP attacks
  • Port Scanning, Brute Force Attacks
  • Government IDs and licences including replicas and novelty items and any counterfeit products.
  • Unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses).
  • Unregistered charity services Items which encourage or facilitate illegal activities.
  • Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services.
  • Third party processing or payment aggregation products or services.
  • Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other get rich quick schemes or high yield investment programmes.
  • Goods or services that infringe the intellectual property rights of a third party.
  • Un-coded/miscoded gaming.
  • Timeshares or property reservation payments (On and Off Plan).

Inodes

In Shared or reseller hosting environment we do not allow inodes more than 75,000 (Seventy Five Thousand) for each domain. Every file like webpage, image file, email, etc.) on your account uses up one inode. Any User accounts which are constantly creating or deleting large numbers of files on a regular basis or cause file system damage may beview and/or suspension.


Instant Setup

Instant Setup is just an auto process to complete the Domain Registration, Shared order. This auto process sometimes fails due to certain conditions given below:

  1. Domain registration does not complete in cases, when the client uses special characters in the profile, contact details and invalid contact number.
  2. Shared Hosting order fails to complete, when the domain is repeatedly used to ordered the web hosting service.
  3. Client receives the VPS Service Details in registered email address instantly after completion of order placement through the website.
  4. VPS Set Up of success rate for instant vps setup. In cases of wrong hostname chosen by client, Operating System not selected, Location not chosen, low stocks on the nodes will lead to manual setup of VPS and is not covered under instant setup.
  5. Manual setup of VPS will vary from 1-12working hours. In case you needs the VPS setup urgently, client needs to open sales support with “High” priority and the order will be completed within 1-6 working hours.

Content

The word unlimited hosting is limited to use of upto 25% of CPU Resources, not more than 10 GB of Space per Domain , not more than 5 Add on Domains or as per the unlimited package features are defined at the time of package booked with limited. Unlimited refers use of hosting services for small websites using less resources


What is Unlimited hosting?

Unlimited hosting means where you are not worried about storage or bandwidth for your website.

If you are website is not optimized correctly and using high sever resources then this it will be a problem and you need to shift to VPS or Dedicated Servers. This limitation is with every host and we would to bring in your notice before we give this service to you .


Database Limitations: MYSQL / MSSQL are unlimited allowed but it should not be in limit of maximum 300 MB each data se for MYSQL and 300 MB for MS SQL

Email IDs : Unlimited Email Ids are allowed but no spamming or bulk mailing is allowed. Each ID can store upto 250 MB of Space
Bandwidth : Any Website using bandwidth more than 10 GB per month is considered has high usage website and needs to be migrated to VPS or Dedicated Server
Add on / park Domains : Unlimited add on Domains are allowed upto a number of 10 maximum for one account if mentioned in package otherwise add on domains are not allowed in unlimited hosting


Why it is Unlimited when it sounds no Unlimited

As a Website Owner one needs to understand that big ecommerce can save tons of money by using unlimited resources but in actual server costs are too high and word unlimited is good for those who has small websites using limited resources.


Spamming

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 Visual Web Technologies ‘s 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 Visual Web Technologies server, and selling or distributing software (on a web site residing on a Visual Web Technologies server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediate suspension. Visual Web Technologies reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.


CGI Scripts / PHP / ASP / and other scripts

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. Visual Web Technologies does not permit CGI Scripts / PHP / ASP / and other scripts sharing with domains not hosted by Visual Web Technologies or any scripts that may be abused for UCE purposes.


Chat Rooms

Visual Web Technologies does not allow Web Hosting and E-Commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.


IRC

Visual Web Technologies does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.


Software Distribution

Visual Web Technologies ‘s Web Hosting and E-Commerce 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 [email protected] to make special arrangements.


Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Visual Web Technologies Web Hosting and E-Commerce 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 30% 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.


Content Not allowed

Visual Web Technologies do not allow any of the following content to be stored on its servers:

Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.


Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Visual Web Technologies.


Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.


Fraudulent Activity – Includes hosting fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”


Other Websites – Websites related to MLM (Multi Level Marketing), Escorts Related, Technical Support related are not allowed at all. If any such website is found will be suspended without notice.


B. Visual Web Technologies Dedicated Server Customer Restrictions

The following Terms of Use apply only to Visual Web Technologies ’s Dedicated Server customers, and supplement the terms in sections C and D that apply to all Visual Web Technologies ‘s customers:


Domain Name Registrations

a) Any new domain registration is subject to booking once your email is verified, The domain booking can take 10 minutes to 24 hours for booking, in the time if domain is taken away by any third party, amount paid for that Invoice will not be refunded and Visual Web Technologies is not liable for the loss.


b) Domain Name once registered, registry can send another mail for verification of email address, which has to be verified failure of which can lead to domain suspension subject to domain registry policies.


Domain Name Renewals

a) Domain has to be renewed before the expiry date, if the domain has expired then there can be additional charges to renew the domain. The domain renewal after expiry totally depends upon registry policies where some of the registries provide 1 day and some upto 7 days as grace period for renewing a domain name.


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.

IRC

Visual Web Technologies does not allows Dedicated Server customers the use of IRC in Visual Web Technologies Network.


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.


C. All Visual Web Technologies Customer Terms of Use

The following Terms of Use apply to ALL Visual Web Technologies customers:


Visual Web Technologies Service

Visual Web Technologies ’s 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 Visual Web Technologies provides to customers);


any use by customers, or any access provided to customers by Visual Web Technologies , of computing, telecommunications, software, information, hardware, and equipment;


any act, or provision of any service, by Visual Web 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 Visual Web Technologies to customers, of any space, Internet connectivity, or electrical power;

any access or use related to the Visual Web Technologies ’s web site, including the web site itself;


any other service mentioned in the TOU;


any other service provided by Visual Web Technologies to customers, whether used or not;


any other Visual Web Technologies services that are used by customers, whether offered or provided by Visual Web Technologies to customers.



Ownership of Web Site

The legal owner of customers’ web sites and accounts with Visual Web Technologies will be the individual or organization whose name is listed in Visual Web Technologies ’s database as the owner. Customers will fully cooperate with and abide by any and all of Visual Web Technologies ’s security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with Visual Web Technologies .


Mysql Database Usage

Under Reseller Account , if any website use more Mysql database (above 100 mb ) .Then account has to be upgrade to Corporate Account or Higher Package.


Illegal Use

Visual Web 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. Additionally, in purchasing Visual Web Technologies services, all Visual Web Technologies customers certify that they and/or the organization they represent in procuring services from Visual Web Technologies are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a ‘suspected terrorist’ as defined by the Constitution of India; and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. Of India.


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 Visual Web Technologies ’s 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 Visual Web Technologies ’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.


Privacy

Visual Web Technologies is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Visual Web Technologies urges its customers to assume that all of their on-line communications are insecure. Visual Web Technologies cannot take any responsibility for the security of information transmitted over Visual Web Technologies ‘s facilities.


Customer Responsibility

Customers are required to use the Visual Web Technologies network responsibly. This includes respecting the other customers of Visual Web Technologies . Visual Web Technologies reserves the right to suspend and/or cancel service with any customer who uses the Visual Web Technologies network in such a way that adversely affects other Visual Web Technologies customers. While Visual Web Technologies may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Visual Web Technologies does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Visual Web Technologies becomes aware of any violation of the TOU or other user agreements, Visual Web Technologies may take any action to stop or correct such violation, including, but not limited to, denying access to Visual Web Technologies ’s services and equipment or to the Internet. In addition, Visual Web Technologies may take action against a customer or a customer of such customer because of the activities of such customer. Visual Web Technologies anticipates that customers who offer Internet services will cooperate with Visual Web Technologies in any corrective or preventive action that Visual Web Technologies deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Visual Web Technologies policy and Visual Web Technologies reserves the right to take any such action even though such action may affect other customers of the Visual Web Technologies customer.


Visual Web Technologies and its , affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that Visual Web Technologies has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any Visual Web Technologies Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Visual Web Technologies . Visual Web Technologies MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.



Actions Taken by Visual Web Technologies

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Visual Web Technologies will be the sole arbiter as to what constitutes a violation of the TOU. Visual Web Technologies reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Visual Web Technologies becomes aware of an alleged violation of its TOU, Visual Web Technologies will initiate an investigation. During the investigation, Visual Web Technologies may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Visual Web 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, Visual Web 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. Visual Web Technologies does not issue credits for any outages incurred through service disablement. 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 Visual Web Technologies .


Indemnification

Visual Web Technologies customers agree to protect, defend, hold harmless, and indemnify Visual Web Technologies , any third party entity related to Visual Web Technologies (including, without limitation, third party vendors), and Visual Web Technologies ’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Visual Web 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 Visual Web Technologies ’s services.


Disclaimer

The Visual Web 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. Visual Web Technologies expressly disclaims any representation or warranty that the Visual Web Technologies service will be error-free, secure or uninterrupted. No oral advice or written information given by Visual Web Technologies , its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Visual Web 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, Visual Web Technologies may immediately terminate provision of Visual Web Technologies ’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Visual Web 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 Visual Web Technologies (INCLUDING, WITHOUT LIMITATION, Visual Web Technologies ’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Visual Web Technologies , AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Visual Web Technologies ’S 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 Visual Web 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 Visual Web Technologies SERVICES EVEN IF Visual Web Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Visual Web Technologies ’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Visual Web Technologies ’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Visual Web Technologies OR Visual Web Technologies ’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL INDIAN RUPEE 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.


Modification

Visual Web Technologies may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Visual Web Technologies ’s services. Certain changes to Visual Web Technologies ’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Visual Web Technologies is not liable, for any and all such personalized applications and content.


Backups and Data Loss:

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. Visual Web Technologies will not be responsible if there is any data loss issue occurs due to any kind of events which is beyond our control, such as natural disaster,Server crash, hard disk failure, data center incident. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Visual Web Technologies servers. Money refund prohibited if any of the above situation occurs.


Note that If your packages monthly , quartely, semi annualy, refund will not available on this period.

Maintain strong and safe passwords: It is up to you to maintain password strength and keep your passwords confidential. VisualWebTechnologies is not responsible if someone has guessed or knew your password and hacked your site. You have to make periodic backups on your PC and make sure that your data is safe. Once data is deleted or hacked we are not responsible. VisualWebTechnologies is not responsible if any of the users who hosted their websites publish any copyrighted, abusive, offensive content.

Although regular remote backups will be performed, we will not be held responsible for any loss of data. It is up to the hosting account to ensure you maintain a local copy of your web data for your own backup purposes.


VPS and Dedicated Server owners are responsible for the backup and they need to maintain the same at there end in local machine even though customer had opted for backup hard drive still Visual Web Technologies does not guarantee for the availability of same.


Third Party Licenses

Visual Web 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, Visual Web 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, Visual Web Technologies specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Visual Web Technologies liable in any way for the revocation of any license, which has been licensed to Visual Web Technologies . The use of the Technologies obtained from or through Visual Web Technologies , or any other referred third party, whether directly or indirectly, is at the sole risk of customers.


Non-Visual Web Technologies Products

Any mention of non-Visual Web Technologies products by Visual Web Technologies , its employees, or any third party entity related to Visual Web Technologies is for information purposes only and does not constitute an endorsement or recommendation by Visual Web Technologies . Visual Web Technologies disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Visual Web Technologies products or services.


Visual Web Technologies ’s Intellectual Property

Customers will not, without Visual Web Technologies ’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Visual Web Technologies ’s web site, and customers will not use any of Visual Web Technologies ’s trademarks, service marks, copyrighted materials, or other intellectual property without Visual Web Technologies ’s express written consent. Customers will not, in any way, misrepresent their relationship with Visual Web Technologies , attempt to pass themselves off as Visual Web Technologies , or claim that customers are Visual Web Technologies .


Assignment

Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Visual Web Technologies ’s services, either in whole or in part, without the prior written consent of Visual Web Technologies .


Minimum Age Requirement

Visual Web 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 Visual Web 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 Visual Web Technologies services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Visual Web Technologies ’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for Visual Web Technologies ’s services will be deemed null and void to the extent that Visual Web 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 Visual Web Technologies ’s services.


Governing Law and Severabilit

The TOU, and any other agreement for Visual Web Technologies services, will be governed by and construed in accordance with the laws of the State of Punjab ,Amritsar, India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Visual Web Technologies will take place in Amritsar, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Visual Web 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.


Force Majeure

Visual Web Technologies will not be liable for delays in its performance of the TOU or Visual Web Technologies services caused by circumstances beyond Visual Web Technologies ’s 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”). Visual Web Technologies will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.


Independent Contractors

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 Visual Web Technologies and its customers. Each of Visual Web 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 into sections/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 Visual Web Technologies services, constitutes the complete understanding and agreement between Visual Web Technologies and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Visual Web 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 Visual Web Technologies services is between Visual Web Technologies and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Visual Web Technologies .


Accounts

Personal hosting is restricted for individual use such as resumes, portfolio, personal home page. It does not include blog / forum / video / audio hosting.



D. All Visual Web Technologies Customer Billing Policy

The following Terms of Use constitute Visual Web Technologies ’s Billing Policy and apply to ALL Visual Web Technologies customers:


Payments

Visual Web Technologies accepts the following types of payment:


– Check/money order

– Credit card (VISA, MasterCard, American Express)

– Bank wire transfer


– Fund Transfer from bank accounts

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. You are responsible for directly updating, or notifying Visual Web Technologies , of any changes to your billing details.


Accounts that are 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)

Visual Web Technologies offers three Billing Cycles (terms) for hosting charges: Yearly (12 months), Quartely (3 months) and Monthly (1 Month). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the Yearly Billing Cycle for all of their charges.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged yearly. Additional items are non-refundable.


Account Renewal

In order to insure uninterrupted service to your website, all plans has to be renewed. The customer has the sole responsibility to keep track of the expiry date and renew the services well in advance at least 10 days before expiry. It is not the responsibility of Visual Web Technologies to give you any intimations in advance. It is confirmed by you that the responsibility of renewing the service will lie with you. The renewal of your account is subject to realisation of payment by Visual Web Technologies . Payment of account fee after expiry date does not guarantee the renewal of account with Visual Web Technologies . Visual Web Technologies cannot guarantee the renewal of account, if the payment is made after expiry date. Renewal of services such as domains, ssl certificates etc, involve companies, on whose activities, Visual Web Technologies does not have control over. Hence, Visual Web Technologies is not liable for interruption in services, loss of data, loss domain names, ssl certificates etc.


Statements

Visual Web Technologies does not mail paper invoices or statements. Statements can be viewed and printed through members area.


Fees,Returned Cheque / Amount

Visual Web Technologies charges a Rs.200 fee for returned cheques. Customers that issue an cheque and is bounced will be required to submit future payments with a DD or money order.


Bank Account Payments

Visual Web Technologies charges Rs.300 for outstation checks, Account transfers.


Reactivation

Customers that wish to reactivate a closed account will be assessed a Rs.2000 reactivation fee. A Rs.200 fee will be assessed if Visual Web Technologies restores your data files to your reactivated account.


Cancellations

Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact Visual Web Technologies ‘s Billing Team at [email protected] with proper payment details and account details. Please be aware that there are no pro-rated refunds after the first 3 days of service. No refund is available for Visual Web Technologies Start Up Account in the event of cancellation. There is no refund for international clients at any issue, refund are only applicable Indian customers only. Please Dont ask refund for international clients..Refund Will not applicable for promotional terms ...


Cancellation requests must be received by Visual Web Technologies a minimum of one (1) day prior to the end of your Billing Cycle Only For Indian Clients.


Visual Web Technologies will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Visual Web Technologies as soon as possible.


Refunds Are Not Applicable For Promotional Packages And discount Plans..


Visual Web Technologies does not monitor, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Visual Web Technologies‘s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Visual Web Technologies reserves the right to cancel any account, at any time, without notice, for any reason Visual Web Technologies considers appropriate.


Billing/Price Changes

Visual Web Technologies ‘s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.


Cancellations & Refunds

The 1 day money back guarantee is only applicable for first-time signups. Second time & subsequent sign-ups are not eligible for the same. Pro-rated refunds will also not be given for repeated cancellations from the same customer. money back gurantee is only for if hosting not run, that reason money back gurantee, other than no money back gurantee available. No Maoney Back Policy for Reseller Hosting, master Reseller, VPS, Dedicated servers, Domain Registration services, there is no refund on this services.



VisualwebTechnologies reserves the right to suspend OR terminate services on receipt of Abuse complaints. An unconditional 1 day money back guarantee is provided on managed shared hosting . Promotional Web Hosting, Reseller Hosting, Master Reseller Hosting, Domain registration Fees, Dedicated IP, SSL, VPS, Windows VPS, Linux VPS, VPS Hosting, Cloud & Dedicated Server packages do not come under the purview of this guarantee. Refund requests with in 1 day 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 reseller hosting, master reseller, new domain registrations, WHM/CPanel, Plesk, Control Panel, VPS Servers, Windows VPS, Cloud, Dedicated Server, SSL Certificates, Site Builder,Reseller Hosting, Master Reseller Hosting, Promo Hosting and any other license as these are purchased from External Vendors & VisualwebTechnologies does not get any refund in case of cancellation of licenses. Any service interruptions or downtime due to scheduled maintenance by VisualwebTechnologies or our network providers will not count towards the uptime guarantee. VisualwebTechnologies is not liable in any way for failure of third party services.


VisualwebTechnologies 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.


The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources overusages or after 3 days period or beyond coverage of our refund policy as noted here.


The refund will not cover for Promotional offers, Custom Plan and discounted prices In Shared and Reseller Hosting, Master Reseller Hosting,VPS, Dedicated Servers, Renewal Services.


Once Free Domain Registration avail in web hosting plan then no refund for web hosting, linux hosting, reseller hosting, VPS, dedicated Servers.


After sending the cancellation request, it would take 25-30 working days to complete the refund process.


Once the hosting account is cancelled, the customers should cancel the PayPal subscription as well by logging into their PayPal account. This will stop the system from auto-deducting the payment. In case the PayPal subscription is not cancelled, VisualWebTechnologies will not consider refund requests . Refund will not be provided by VisualwebTechnologies. Refund Will Not Applicable for these services Reseller Hosting, VPS Servers, Dedicated Servers, Renewal Payments, Licence Fees, Domain Registrations, and Softwares.


Refunds are not available when:

  • The service was not accessible because of the illegal activities (DoS attacks and customer scripts that might have caused traffic and accessibility issues)

  • The service was purchased using a discount code;

  • Customer was suspended or terminated during the 2 days period (because of the violation of TOS Terms of Service)

  • Requesting a refund for additionally purchased services. These services include domain names, SSL certificates, software licenses, application fees no refunds;

  • Requesting a refund for VPS Hosting there is no refunds.

  • We Don't offer any Refunds for Order's which are under Promotional Code (Coupon Code) Even if its under 1 day money back Gurantee Timing.1 Day money back only if purchased without Coupon Code.

Back Up

Visual Web Technologies® is in NO way responsible, for the management and backup of all your and your customer data, and all updates, upgrades, emails and patches to any software that customers use in connection with Visual Web Technologies® services. You agree that you are solely responsible for maintaining back up of your website files, emails, database etc at your end.


Spamming

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 VisualWebTechnologies®'s 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 VisualWebTechnologies® server, and selling or distributing software (on a web site residing on a VisualWebTechnologies® server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediate suspension. VisualWebTechnologies® reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.


Mailing Policy

The following are the general mailing policy used in Visual Web Technologies® servers:


100 emails can be sent per hour. If you exceed beyond this limit, you will get a bounce back message. If you get such errors, please try sending after 1 hour.


Number of times you check to the mail server via POP3 / IMAP is restricted to 30. If you exceed this, you will get a failed login error. Connecting to mail server once in 10 min is ideal.


Catch all or default mail id must be set to fail. This is to avoid stacking of unnecessary spam mails in the server which finally results in large number of inode creation in the file system. This ultimately results in disk failure.


Viruses and Other Destructive Activities

Use of Visual Web 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 Visual Web Technologies® services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.


The following are the list examples of activities that are not allowed to be hosted in any account

Gaming servers, IRC relays


Peer to Peer sharing, File sharing


Calling include files as a URL rather than as a local file


Running bit torrent applications, trackers


A user may not exceed 20 % of total CPU usage for more than 100 seconds. Usually the reasons for such a spike in usage are poorly written php,cgi, perl or other scripts. If cron jobs are run, it must be scheduled at minimum of 15 min once and not less than that. Running MySql queries for more than 15 seconds is not allowed.


Sites that attract DDOS attacks or automated attacks cannot be hosted in any of the accounts. If found to violate such a term, the account will be immediately suspended / terminated without prior notice. The customer / reseller has to immediately change the name servers out of our servers.



Reseller / Customer Responsibility

Resellers / Franchisor are responsible for servicing their clients. Visual Web Technologies® does provide service to a Reseller's / Franchisor ‘s Client. Customers are required to use the Visual Web Technologies® network responsibly. This includes respecting the other customers of Visual Web Technologies®. Visual Web Technologies® reserves the right to suspend and/or cancel service with any customer who uses the Visual Web Technologies® network in such a way that adversely affects other Visual Web Technologies® customers.


While Visual Web Technologies® may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Visual Web Technologies® does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Visual Web Technologies® becomes aware of any violation of the TOU or other user agreements, Visual Web Technologies® may take any action to stop or correct such violation, including, but not limited to, denying access to Visual Web Technologies® services and equipment or to the Internet. In addition, Visual Web Technologies® may take action against a customer or a customer of such customer because of the activities of such customer.

Visual Web Technologies® anticipates that customers who offer Internet services will cooperate with Visual Web Technologies® in any corrective or preventive action that Visual Web Technologies® deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Visual Web Technologies® policy and Visual Web Technologies® reserves the right to take any such action even though such action may affect other customers of the Visual Web Technologies® customer.


Visual Web Technologies® and its , affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that Visual Web Technologies® has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any Visual Web Technologies® Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Visual Web Technologies®.


Visual Web Technologies® MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.


Actions Taken by Visual Web Technologies®


The failure by a customer / reseller to meet or follow any of the TOU is grounds for account deactivation. Visual Web Technologies® will be the sole arbiter as to what constitutes a violation of the TOU. Visual Web Technologies® reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Visual Web Technologies® becomes aware of an alleged violation of its TOU, Visual Web Technologies® will initiate an investigation. During the investigation, Visual Web Technologies® may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Visual Web 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, Visual Web 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. Visual Web Technologies® does not issue credits for any outages incurred through service disablement. 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 Visual Web Technologies®.



Paypal Payment Policy

As per our Refund policy we offer 3 Days money back only if purchased Linux WEB HOSTING 1 year or more.If the payment made with Paypal and If any Dispute Open for Payments which is not eligible for Refund We are not responsible for it.Its your Responsibility to Read all our policy pages before purchasing the service(s). NO Refunds Provide For Reseller Hosting, Linux VPS, Dedicated Servers, Software Licences, VPS Servers, Domain Registrations


Coupons

Resellers are responsible for supporting their clients. Visual Web Technologies does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Visual Web Technologies will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.



Fast Track Support:

Client agrees to pay a non refundable fee of $50.00, plus applicable taxes for a ticket to be escalated to the top of the queue with a guaranteed response time of under 60 minutes. Purchasable as an upgrade on a per ticket basis, either at the time of opening a ticket, or at any time throughout the life of that ticket. A response is not necessarily a resolution. Resolution will depend upon the nature and complexity of an issue. This service is available Monday – Friday, 9 am – 5 pm, IST. If a Fast-Track ticket upgrade is purchased outside of Fast-Track support hours it will be placed first in the queue for the following day to ensure priority.


Account Verification

Customer's contact details must be complete and correct with the valid phone/mobile number.


Customer has to verify his phone/mobile number by giving us a missed call on +91-9855234441 and receive the revert call from the same number, if customer fails to verify his/her phone number, their services may be suspended until the verification is completed.


Visualwebtechnologies.com's team review each and every customer profile and if they find any profile details incomplete or incorrect they may ask customer to provide a valid document proof of their identity and address proof e.g. Voter ID, Pan Card, Adaar Card or Passport, in case of international customer it must be a Passport only.


Visualwebtechnologies.com may suspend the customer's account if their contact details are incomplete or incorrect and if they fail to provide the requested documents, Visualwebtechnologies.com may terminate their account and there will not be any refund in that case.




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