1. OVERVIEW

This Terms of Service Agreement (this “Agreement”) is entered into by and between “IBITS Technology Solutions” (hereinafter referred to as ServersandColo.com) and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of ServersandColo.com services (“Services”) purchased or accessed through the ServersandColo.com website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through ServersandColo.com.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:

• Privacy Policy
• Acceptable Use Policy

The terms “we”, “us” or “our” shall refer to ServersandColo.com. The terms “you”, “your”, “User” “Subscriber” or “customer” shall refer to any individual or entity who accepts this agreement. Other terms should be interpreted as per the definitions under the Information Technology Act, 2000 and otherwise as per the general dictionary meaning. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

ServersandColo.com, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) ServersandColo.com may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made shall constitute your acceptance of this agreement. If you do not agree to be bound by this agreement as revised, do not use (or continue to use) this site or the services found at this site.

2. ELIGIBILITY AUTHORITY

This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this agreement, ServersandColo.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. ServersandColo.com shall not be liable for any loss or damage resulting from ServersandColo.com’s reliance on any instruction, notice, document or communication reasonably believed by ServersandColo.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, ServersandColo.com reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS

In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to ServersandColo.com that all information you submit when you create your Account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If ServersandColo.com has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, ServersandColo.com reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer number/login, password and payment method(s). For security purposes, ServersandColo.com recommends that you change your password at least once every six (6) months for each account you have with ServersandColo.com. You must notify ServersandColo.com immediately of any breach of security or unauthorized use of your Account. ServersandColo.com will not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by ServersandColo.com or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.

3.1 The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation

3.2 A Registered Name Holder’s willful provision of inaccurate or unreliable information, its willful failure to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by ServersandColo.com concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.

3.3 Any registered name holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.

3.4 The Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

3.5 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.

3.6 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

3.7 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.

4. RULES OF CONDUCT

You agree not to host, display, upload, modify, publish, transmit, update or share any information that —

1. i) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
2. ii) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, pornographic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii) harm minors in any way;

1. iv) infringes any patent, trademark, copyright or other proprietary rights;
2. v) violates any law for the time being in force;
3. vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii) impersonate another person;

viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

1. ix) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. .

Further, you acknowledge and agree that:

– Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.

– You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.

– You will not use this site or the services found at this site in a manner (as determined by ServersandColo.com in its sole and absolute discretion) that:

• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in hate speech, hate crime, terrorism, pornography, violence against people, animals, or property, or intolerance of or against any protected class;
• Promotes, encourages or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of this Site or the Services found at this Site;
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding ServersandColo.com or ServersandColo.com’s Services.

– You agree to back-up all of your User Content so that you can access and use it when needed. ServersandColo.com does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

• You will not use this Site or the Services found at this Site, including any of ServersandColo.com’s related technologies, for any commercial use without ServersandColo.com’s express prior written consent.
•  

– Unlimited generally comes with a caveat or an unwritten code of what we call as a fair usage policy. An unfair, unprecedented or unrealistic usage of this hosting model by one of the users adversely affects the experience for other users on the same shared hosting plan. As a result, we are obligated to suspend the services of users who breach the acceptable usage policy only with an intention to serve all our other users equitably and ensure that they enjoy uninterrupted service.

ServersandColo.com reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

1. x) Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any our employee or support staff or its Authorised Users will result in immediate Account termination.

No refund will be processed if you violate any of the above “Rule of Conduct”.

5. MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY

ServersandColo.com generally does not pre-screen User Content (whether posted to a website hosted by ServersandColo.com or posted to this Site). However, ServersandColo.com reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. ServersandColo.com may remove any item of User Content (whether posted to a website hosted by ServersandColo.com or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by ServersandColo.com in its sole and absolute discretion), at any time and without prior notice. ServersandColo.com may also terminate a User’s access to this Site or the Services found at this Site if ServersandColo.com has reason to believe the User is a repeat offender. If ServersandColo.com terminates your access to this Site or the Services found at this Site, ServersandColo.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

6. ADDITIONAL RESERVATION OF RIGHTS

ServersandColo.com expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by ServersandColo.com in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by ServersandColo.com in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of ServersandColo.com and IBITS Technology Solutions Firm, its officers, directors, employees, and agents, as well as ServersandColo.com’s affiliates.

ServersandColo.com expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

ServersandColo reserves the right to termination or suspension of accounts of its customers/ resellers due to non payment of any pending invoices in their name.

7. NO SPAM POLICY

Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward ServersandColo.com, but also because it can overload ServersandColo.com’s network and disrupt service to ServersandColo.com’s subscribers. Also, maintaining an open SMTP relay is prohibited.In such a cases, Refund will not be provided.

8. SERVICE LEVEL AGREEMENT

ServersandColo.com is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the Term of the applicable Master’s Agreement, the Services will be operational and available to you as a customer for a guaranteed time in any calendar year.

ServersandColo.com aims to achieve 99% Service Availability of its Services for all customers. In case of failure of ServersandColo.com to meet the guaranteed level of service, you will be eligible to receive the Service Credits as described below, with the credit being calculated on the basis of the monthly service charge for the affected Services:

But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

1. Circumstances beyond ServersandColo.com’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
2. Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against ServersandColo.com network;
3. Scheduled maintenance and system upgrades, or emergency maintenance;
4. Any DNS or Domain Name Registry issues outside the direct control of ServersandColo.com including DNS and Registry propagation issues and expiration;
5. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, willfull misconduct, or use of the Customer’s account in breach of ServersandColo.com Terms and Conditions and Acceptable Use Policy;
6. Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;
7. Delays in e-mail delivery;
8. False SLA breaches reported as a result of outages or errors of any ServersandColo.com measurement system;
9. Outages elsewhere on the Internet that hinder access to your account. ServersandColo.com is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.

In order to receive a credit, Customer must make a request for by sending an e-mail to support@ServersandColo.com. Each request in connection with this SLA must include the following customer name, username, IP address and date/time.

Credit request must be received by ServersandColo.com within 30 working days at the time of unavailability of the relevant Service. If the unavailability is confirmed by ServersandColo.com, credits will be applied within 30 days of ServersandColo.com receipt of Customer’s credit request.

Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total fee paid by Customer for such month for the affected Service(s). Lastly, Credits are not refundable and can be used only towards future billing charges.

9. Retention & Backup Policy & Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. ServersandColo.com performs backups of shared servers; however, these backups are for ServersandColo’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers or other third party backup service providers. ServersandColo does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on ServersandColo’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site contents to your personal computer or third party server! We make no guarantees about the availability of backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ServersandColo servers.

The system logs of the servers would be retained as a backup in our server for at least 1 (one) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.

But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a ServersandColo.com user agree that in no case, ServersandColo.com can be held responsible for the loss of data in any circumstances.

10. TRADEMARK AND/OR COPYRIGHT CLAIMS

ServersandColo.com supports the protection of intellectual property. Further:

1. a) Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is illegal while using services under this Agreement.
2. b) Customer acknowledges that ServersandColo.com cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.
3. c) Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
4. d) In case of any notice received under DMCA or otherwise for Intellectual Property violation. ServersandColo.com reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.

If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in Electronic Communications / Notices of this agreement.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by ServersandColo.com. ServersandColo.com assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, ServersandColo.com does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release ServersandColo.com from any and all liability arising from your use of any third-party website. Accordingly, ServersandColo.com encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ServersandColo.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ServersandColo.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES

ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ServersandColo.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ServersandColo.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL ServersandColo.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM

(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,

(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,

(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,

(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,

(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

(VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

(IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR

(X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ServersandColo.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall ServersandColo.com’s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless ServersandColo.com and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ServersandColo.com directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

All ServersandColo accounts may have licenses provided by an independent Third Party Services Vendor (“TPSV”). ServersandColo is not responsible for the actions or inaction of the TPSV or the unavailability or malfunction of their network or services.

15. FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

16. FEES AND PAYMENTS

Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.

Automatic Renewal of Account: As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s Account or Domain(s) ServersandColo.com will automatically renew Subscriber’s Account, for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber’s current method of payment on file.

Automatic Renewal of Servers : As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s domain, if registered with ServersandColo.com (or one of its Affiliates), or if transferred to and registered with ServersandColo.com (or one of its Affiliates), ServersandColo.com will automatically renew Subscriber’s servers, by charging the applicable fee to Subscriber’s current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Server(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of ServersandColo.com. Subscriber hereby releases ServersandColo.com from any and all liability for failure for any reason to renew said Account or said Server(s). Subscriber acknowledges that there may be many reasons why ServersandColo.com is unable to renew said Account or Server, including but not limited to inability of ServersandColo.com, for any reason, to bill said renewal to Subscriber’s method of payment on file, to contact or otherwise get a response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Account and/or Server, if not renewed, for whatever reason, will expire on the Account or Server Expiration Date, as applicable. In the event that a Domain expires, ServersandColo.com will hold the expired Server for up to 24 hours as a courtesy and not as an obligation (contractual or otherwise). 1 day after expiration, the Server will be placed in Redemption. During the Redemption period, the server will be inaccessible and unable to be used from elsewhere.

Cancellation of Automatic Renewal of Account or server:Subscriber agrees to notify ServersandColo.com of Subscriber’s intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic server Renewal Cancellation Notification to ServersandColo.com, as applicable, by sending same via email or phone. This request must include verification of ownership of the account and/or domain(s), as determined by ServersandColo.com.

Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of Licenses and add-on services are nonrefundable.

Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal. There will not be any refund given for the amount already paid.

Notice of Cancellation: Subscriber agrees to direct all cancellation requests to ServersandColo.com via via email. The cancellation request must include verification of ownership of the account and/or domain(s), as determined by ServersandColo.com. Subscriber must also confirm to ServersandColo.com that all emails, files, and databases are preserved and backed up somewhere other than ServersandColo.com server space.

There are no refunds on remote hands services, administrative fees and installation fees.

We will refund your money ONLY if you have any technical issue with our services.
No refund will be made if your Service(s) are suspended or terminated.
Your refund request has to be justified with valid technical issue faced due to services
If you request for a refund after 30 days, Your refund request cannot be processed.

No Refund is applicable on the monthly plans purchased.

We do not refund when customers host illegal contents such as a copyrighted mp3 file or video files. We do not allow hosting illegal contents such as mp3 or video or audio files without proper copyrights.

No refund will be made if your Service(s) is suspended (due to Email Marketing/Email Abuse/Misuse of our service/Inappropriate/Illegal/Immoral/Account Over-use) or terminated.

17. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

18. COMPLIANCE WITH LOCAL LAWS

ServersandColo.com makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.

19. GOVERNING LAW

Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents, in particular, Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Further:

1. a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Chennai, Tamil Nadu, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
2. b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
3. c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
4. d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.

20. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

21. GRIEVANCE OFFICER

ServersandColo.com shall address any grievances of users, whether registered or not, with respect to the website content or any other aspects connected therewith, in a time bound manner. For this purpose, ServersandColo.com has designated the following person as Grievance Officer in terms of Information Technology Act 2000:

Customer Relation Offer

IBITS Technology Solution

Email: ibitstech@gmail.com

The appointed officer shall acknowledge the complainant electronically and resolve the matter within the time specified in terms of the Information Technology Law.

22. Electronic Communications / Notices
23. a) Any notice or other communication required or permitted to be delivered to ServersandColo.com under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
24. b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to support@ServersandColo.com
25. c) All official / legal communications and correspondences with OVI Hosting Pvt Ltd has to be done in the English language only. Any correspondence received in any other language other than English will not be permissible and no legal action can be taken against OVI Hosting Pvt LTd in such scenarios.

Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on ServersandColo.com that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:

IBITS Technology Solutions

Legal Department

Cowrks, Arihant Technopolis, Rajiv Gandhi Salai, OMR, Kandanchavady, Perungudi

Chennai, TN, INDIA

Otherwise also, if you have any questions about this Agreement, please contact us at the above address.

23. Your Responsibilities
    It is your responsibilities to comply with applicable law and obligations for the services used. In addition, You are responsible for the security of your website/content/images/files/anything stored on the server under your account and also for maintaining backup of your content and immediately removing malware/virus/malicious files.

The User is primarily responsible for the security of their account and its content, as well as maintaining a backup of their content and removing any malware or hacking components from their account. The user must comply with the applicable law and have certain responsibilities with respect to their use of the services. The user is liable for securing their Username and Password. ServersandColo is not responsible for any issues/problem occurs due to malware/hacking even under the managed support.

24. PRICE CHANGE
    We reserve the right to change prices and the right to increase / decrease the amount of resources given to plans at any time with or without notice.

All ServersandColo accounts may have licenses provided by an independent Third Party Services Vendor (“TPSV”). Customer also agrees that ServersandColo is not responsible for any price change done by the TPSV and acknowledges that any such price change may be applicable to the customer too at anytime during the active service period. ServersandColo is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPSV (“TPSV Dispute”). In the event of a the TPSV Dispute, Customer hereby releases ServersandColo (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.

25. Administrative access
    ServersandColo.com reserves the right to reset the password on a server/website if the password on file is not current so that we may do security audits or corrections as required by our data center/other authorities. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their server on file to prevent downtime from forced password resets. ServersandColo.com reserves the right to audit servers as needed and to perform administrative actions as needed. In some in critical condition, ServersandColo.com will access/modify/do the necessary action in your website/server without your permission.

26. OTHERS
27. a) Your account & data will not be available on failure to renew the service on time. The system will automatically delete your data if you fail to renew on time.
28. b) ServersandColo provides VPS server based on virtualized environment such as VMWare or KVM to provide quality service and better uptime.
29. c) inode limit -The total number of inode can be used by a customer is based on the plan, What you have chosen and paid for. The inode limits per plan are available in the www.ServersandColo.com
30. d) All suspended accounts including reveller’s accounts/website will be terminated. It is the responsibility of resellers or clients to take the backup before suspending.