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Terms & condition for Web Hosting Services


First Party in Terms & Conditions is Techno Point computers, 4th floor Basant Kunj,Lal Kothi Market, Bankmore, Dhanbad

1. The customer is using services of first party and due to change circumstance in
present scenario in Cyber business this MOU is being executed to avoid unnecessary compilations.

2. That, first party will provide websites, domain registration, domain renewal, VPS, Dedicated, Shared hosting, Reseller hosting, email services to the customer after execution of this MOU without any interruption.

3. That, the customer will pay advance amount against consideration of hosting services which are to be rendered by the first party, simultaneously customer is also agree to pay all taxes and liabilities as applied time to time. It is made clear that the customer will deposit one months advance amount of hosting services if customer using services as monthly.

4. That, customer also agree to be bound by the service term selected on the online order form or via applicable promotional course that may require customer to order first party service for a certain minimum period of time, customer is also agree to a non refund policy in advance. Set up fee and monthly web hosting service fee are non refundable, non payment of services shall result in a 5 days notice of disconnection. All payments failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices over due of 10 days. The first party is not and shall not be responsible for data integrity, for any accounts that are terminated, disconnected or interrupted, because of customer's failure to pay for first party services. The customer further agrees to pay all taxes applicable to your account.

5. That, the first party will provide and customer will purchase and pay for the web hosting services according to the service fee specified in the order for the applicable service description. Customer acknowledges that service and service fee have been communicated to the customer and customer is aware about all applicable charges as per MOU. The customer also understands that no promotional offer will apply to his individual service unless said promotional offers are specified in this MOU.

6. That, all payments to hosting services are non refundable, which includes any set up fee and monthly fee regardless of uses. All billing disputes will be reported within 10 days from the date of dispute arise. The disputed charges to customer's credit also known as charge backs, which, in hosting services includes sole discretion, are invalid under the terms and conditions of this MOU, will result in service interruption and reconnection fee to restore the desire service.

7. That, the customer may voluntarily cancelled his account at any time, for any reason or for no reason, by filling out the cancellation request form, which will provided by the first party. Once the customer has cancelled his account before the renewal date, no more charges will be recovered to the account. Cancellation on or after renewal will be charged renewal fee.

8. That, customer also agreed not to engage any activity which violates any international, foreign, federal, state or local laws as applicable on date to the service terms describe in this MOU. The first party reserves its right to discontinue services of the customer if it deems in its sole discretion, violates any condition of service including, but not limited towards MOU also.

9. That, the first party shall not be liable in any circumstances for any direct and indirect, incidental, special or consequential damages, punitive or exemplary damages or for any loss of profits, loss of revenue, loss of use or loss of data resulting from the use of first party services by customer or any third party, regardless of the form of action or theory of liability. The first party will not be liable for any loss of data resulting from delays, non deliveries, misdeliveries or service interruptions. It is also clarify that first party provides services and products as is without warranty of any kind, whether express or implied. The first party disclaims all implied warranties including merchantability and fitness for a particular purpose and the customer shall be solely responsible for the selection, use and suitability of the services. The first party does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or material assessed through its services.

10. That, the first party shall not be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of service resulting directly or indirectly from acts of the God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbance, insurrections, accidents, fire, explosion, earth quakes, floods, the elements of strike, labour disputes, shortage of suitable parts, material, labour or transportation, magnetic interference, interruption of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunication or wireless service and any cause beyond the reasonable control of the first party.

11. That, if the customer gives her/his website, ftp password, e-mail password or other password to any other person, company or relative and representatives, than upon misuse or any corrupt activities, the first party will not be responsible in any manner.

12. It is also duty of the customer for maintaining his/her own backups or own personal computers or other computers. The first party does not or will not provide any sort of compensation for lost, inaccurate, incomplete or outdated data in the event that first party backups do not function properly, regardless of the reason for any such malfunction, even if the malfunction was due to the fault or negligence of the first party or any of its employee and agent, the first party had been informed of the possibility of such malfunction, any fault or negligence, which might cause to it.

13. That, if the occasion arises for need to recover data from a backup, the first party will make reasonable efforts to restore the data of the customer in the account from the appropriate backup, however it will be constructive notice to the customer that this service is intended to compliment customers own backup to the computer of the customer, it is not a substitute for those backups, suffice to say that first party does not guarantee availability, completeness, currency or integrity of its backups. The customer is very well aware about this condition that backup policy does not create any warranty for whose breach, first party can be held liable.

14. The customer is also given undertaking to not resale services of the first party to his/her clients, agents, relatives or any other firm/company, if it is done by the customer, on that eventuality first party will not be answerable or responsible for any of the offence or breach of condition voilative to the any cannons of law.

15. It is made clear that the customer shall be solely responsible for providing, updating, uploading and maintaining its website and any files, pages, data, works, information or materials, displayed, linked or transmitted to, from or through customer's website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, e-mail or other massages, meta tags, domain names, software and text. The customer website content shall also include any registered domain names provided by the customer or registered on behalf of the customer in connection with the services. The customer will not use ad-supported hosting, in no event of time customer's website shall consist of the following:- Search result, Registration, 'Thank you', Error, E-Mail or Chat Pages comprised primarily of other advertising or pages containing of the following types of content:-

>pornographic, obscene or excessively profane content.

>content intended to advocate or advance computer hacking or cracking


>illegal activity.

>drug paraphernalia; or

>hate, violence or racial or ethnic intolerance.

16.That, there will be following restrictions on the services of the first party by the customer:-Customer may not operate Internet Relay Chat (hereinafter referred as "IRC" in short) servers using first party services.

>Customer may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this MOU. When logged into any IRC server, customer must comply with the rules and policies established by that IRC's service administrator.

>Customer must not use any programs that may or will interfere with another's use of this site or any first party services.

>Customer may not run any background processes on the first party servers, networks, or systems without prior written authorization from first party.

>Customer may not use any first party services to send denial-of-service attacks to any computer or network, or to "flood" any computer or network.

>Customer may not host any type of HYIP, auto surf, proxy, or bit torrent on first party servers.

>Customer may not use any first party services to make available to third parties for any use other than normal access to that account's Web site.

>Customer may not use service of the first party to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended.

>Customer may not use service of the first party to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting.

>Customer may not use service of the first party as an offsite file storage area for any files. Any use of first party services is strictly intended for that account's Web site only.

>Customer may not use first party Email services for send bulk, spam, promotions e-mails.

>First Party reserves the right to add further restrictions to customer's use of the first party services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.

17. That, the first party will not liable for any problem with e-mail, database services, with E-mail Delivery time/non delivery/ any things. The first party servers are shared servers so first party is not responsible with store data by customers at its servers. They are not safe so kindly do not upload/use for store customer's secure or private data. In case of any disputes, the FTP log and other system specific details shall be made available to concerned government authorities, if a proper request is received from concerned authority and if first party is able to retrieves form servers.

All genuine and valid password reset requests from owners originating from member control panel shall be processed and completed.

19. That, the first party does not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in its efforts to promote good citizenship within the Internet community, first party will respond appropriately, if first party detects any inappropriate use of its service. If any one customer's websites, domain, VPS, Dedicated, Shared hosting, Reseller hosting, email services hack/misused by other people then first party are not responsible. Customer is responsible for check all data time to time on websites, domain, VPS, Dedicated, Shared hosting, Reseller hosting, email.

20. The customer, as first party customer, is solely responsible for the content stored on and served by customer's first party server. The customer is responsible for any misuse of customers account, even if the inappropriate activity was committed by a family member, guest, friend, customer's employee, 3rd party or hackers. Therefore, customer must take proper steps to ensure that others do not gain unauthorized access to customers account. In addition, customer may not use its account to breach security of another account or try to gain unauthorized access to another network or server.

21. That, If first party account is used to violate the Acceptable use Policy or its terms and conditions, the first party reserves the right to terminate its service without notice. The first party prefers to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable use Policy will result in immediate termination of service. The failure of first party to enforce this policy, for whatever reason, shall not be construed as a waiver of its right to do so at any time.

22. That, the customer will not act against the terms and conditions of this MOU, nor it is permissible under the law. The customer will always work and use the services of the first party with the entire satisfaction and knowledge of the first party. The customer will not involve any such activities which harm to the first party in any manner, even customer will not be allow to do anything in shelter of the first party without prior information and permission in writing.

23. That, the customer will comply with the all terms and conditions of the MOU as mentioned above, if he acts contrary to the terms and conditions of this MOU, than the first party will be entitle to get the damages and compensation from the customer. That, the first party reserves the right at its discretion to make changes to this policy at any time. Please review website of first party periodically for changes. If customer has any queries concerning the above stated terms and conditions then contact with first party

24. That, the first party will be entitled to get the extra charges according to the principal of escalation.

25. subject to the terms and conditions of this MOU, First Party is give assurance to provide the Services for twenty four (24) hours per day, seven (7) days per week throughout the term of this MOU and our support time between 10.30 AM to 5.00 PM on working days. The customer is agree, that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation as followed:-

>equipment malfunctions

>periodic maintenance procedures or repairs that First Party may undertake from time to time or

>causes beyond the control of First Party or that are not reasonably foreseeable by First Party, including, without limitation, interruption or software error or Operating System error or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.

26. That, the customer is also agree that the first party has no control of availability of the services continues or uninterrupted basis. The customer further agrees that as a normal course of its business, it may be necessary for first party to migrate its servers. As a result, even though customer may have a dedicated IP, Customer may be assigned a different IP number. The first party does not warranty that customer will be able to consistently maintain customers given IP numbers.

>Additional Terms and Conditions for Reselling Services

Many of first party, customers wish to resell its services to third parties who become their clients. The additional terms and conditions in this part will apply to the resale of first party services. Customer's account with first party allows customer to resell services of the first party, subject to all the terms and conditions of customer's MOU with first party. However, please note that customer do not have to resell first party services, as long as customer comply with all the terms and conditions of customers MOU with first party, customer may simply use services for customers own websites and for any lawful purpose. Customer must conduct business with high levels of integrity and fair dealing. Customer should maintain a reputation for fair dealing.

1. The customer will not use his/her account or first party services to offer any of the following kinds of FREE services but are not limited to:-

>Free Web Hosting services;

>Free e-mail services;

>Free blogging services;

>Free home pages;

>Free image hosting;

>Free image hosting;

>Free trial accounts.

If customer violate this prohibition on free services, first party will suspend or terminate customers account immediately, with or without notice, as first party in its sole discretion deem necessary to address the situation

. The clients of the customer also bound by this MOU, therefore, they are require to comply with all applicable laws and policies as mentioned in this MOU, if clients of the customer fail to do so, then first party may suspend or terminate both the accounts of customer and its client, as necessary to protect the security, safety, reliability, integrity, and performance of first party servers, data, and network. If any client of customers causes harm to first party or to any of its customers or resellers, then customer is agree to be liable for that harm and all damages arising from that harm.

3. First Party shall not be liable for any mistakes, errors, downtime, or other damages caused by customer or its clients. Customer is solely responsible for terminating or deleting any of the accounts of its clients and for restoring those accounts when appropriate. First Party shall not be responsible for restoring any of the accounts or data of any of client due to mistake of the customer. When first party can do so without unreasonable effort or expense, first party usually restore accounts for its reseller customers free of charge at their request. However, customer understand and agree that first party may not always be able to restore accounts for customer or its client, simultaneously first party do not guarantee that it will restore any or all of customers’ accounts.

4. The customer may not use services for adult-oriented and pornography sites. This includes sites that may include sexual content or links to adult content elsewhere. If customer has a reseller account with first party, the customer may not resell its hosting services to any clients or customers that sell adult content. The customer may not use services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where First Party services are offered or where they can be viewed through first party services:

>Online pornography or adult content for which a viewer must subscribe to access it,

>Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and

>Obscene materials, as defined by law.

If first party find any of customers sites (or any of the sites of customers client, if client has a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.

5. The customer is not upload/display any page of the customers Website showing to Dispute with customer or its client. If any Dispute in Customer and customer's client then first party is not liable any type of compensation or backup providing.

6. The Reseller is required to ensure that Resellers client agree to comply with the standard MOU provided to resellers for each product or service they purchase form reseller.

That, this MOU has been executed in the …...............................................with full consent and awareness of the customer, therefore, entire civil, criminal or service jurisdiction of the disputes will be in Jaipur. In this way this MOU has been executed with an adequate awareness, lawful soundness mind and without any pressure or misrepresentation. The first party and customer both are agree with the terms and conditions of this MOU and they will squarely follow it. It is also binding on the agent, servant, legal representatives and legal heirs of the first party and the customer. The customer and first party have put their signature after read over this MOU in presence of …..... witnesses.


1- (First Party)

2- (Customer)