Hosting And Email Policies
1. General Terms and Policies. Milearth Softech Softech provides services used to host websites, send electronic mail, and all other web hosting related activities subject to these Terms (referred to in this document as “the Service.”
This service is provided to authorized persons or organizations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these terms and policies. If you do not agree to be bound by these terms and policies, you must cancel your account immediately and may not thereafter use or attempt to use this Service.
Milearth Softech grants you a non-exclusive right to use the Service to host any material that is considered the property of you or your organization. You may not assign, sub-license or transfer any rights or obligations of the Service without the express wrote consent of Milearth Softech.
If violations of this Acceptable Use Policy occur, Milearth Softech reserves the right to terminate services with or take action to stop the offending customer or user from violating this policy as Milearth Softech deems appropriate, WITHOUT NOTICE.2. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.3. Prohibited Uses of Milearth Softech Systems and Services:
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Milearth Softech servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Milearth Softech servers, is prohibited. Milearth Softech accounts or services may not be used to solicit customers from, or collect replies to; messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Milearth Softech customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Milearth Softech-hosted domain, or referencing any Milearth Softech account, is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
Obtaining or attempting to obtain service by any means or device with intent to avoid payment. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Milearth Softech customers or end-users by any means or device.
Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Milearth Softech network or on another provider’s network.
Using Milearth Softech’s Services to interfere with the use of the Milearth Softech network by other customers or authorized users.
4. Intellectual Property. Milearth Softech does not undertake to examine or review messages, files, or other materials that are accessible through, pass through, or reside on the Service. If Milearth Softech is informed of an alleged copyright or trademark infringement on the Service, Milearth Softech will attempt to notify the affected person(s) of those allegations and secure a response. Milearth Softech may, at its sole discretion, remove on a temporary or permanent basis materials that Milearth Softech believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against Milearth Softech for any such removal.
5. Liability. You agree that use of the Service is at your own risk. Neither Milearth Softech nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Milearth Softech Softechneither endorses nor is responsible for the accuracy of such material, and you agree that Milearth Softech is not responsible for any loss or damage caused by your use of, or reliance on, such material.
You understand and agree that you have sole responsibility for your posting of any material to any service provided by Milearth Softech You agree to indemnify and hold harmless to Milearth Softech and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree to be liable for any damages or loss of service that results in damages to Milearth Softech as a result of any spamming or other violations of described herein. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Milearth Softech may pursue any such claims against you in Court in Maharashtra.
6. Warranty. Milearth Softech Softech makes no express or implied warranties, including warranties of title, non-infringement, and merchantability or fitness for a particular purpose, regarding the service, or any software or other material available through the service. no oral advice or information given by Milearth Softech or its employees shall create a warranty.
The service and any software provided to you by Milearth Softech are provided on an “as is, as available” basis; Milearth Softech does not warrant that they will be error-free and/or uninterrupted, or that defects will be corrected. Milearth Softech does not guarantee the security or back-up of your data stored on the service.
7. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Milearth Softech has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material persons may find objectionable.
8. Privacy. Milearth Softech commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Milearth Softech will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive. Milearth Softech may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service.
9. Disputes. Subscriber agrees that any dispute arising out of use of the Service provided by Milearth Softech which cannot be resolved first between Milearth Softech and subscriber will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the Maharashtra Jurisdiction only. Subscriber also agrees the arbitrator must be a person with experience in online services and law.
10. Changes. Milearth Softech WITHOUT NOTICE may change at any time and for any reason these terms of service and acceptable use policies. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform the company at once, and your account will be closed once all due payment is cleared.
The website, Web Application, Search Engine Development Terms And Conditions
1. Expiration. All proposals expire 30 days from the date of the proposal.
2. Payment. Unless otherwise specified, for Search Engine, Web Analytics Installation and other miscellaneous services not described below, one hundred percent (100%) of the total proposed services and development costs are due with proposal acceptance. For Website or Web Application design projects, fifty percent (50%) of the total proposed services and development costs are due with proposal acceptance. The balance will be billed to customer and payment will be due upon project completion. Project completion is defined as completed pages or email templates, with or without client provided information. If Milearth Softech cannot complete the project as outlined due to insufficient receipt of information needed from customer, Milearth Softech will bill the customer for the balance due on the completion date of the Milearth Softech portion of the work. That payment will be due and payable by the customer to Milearth Softech upon receipt. If there are changes in the requirements or scope of this project or changes or additions during the project term, Milearth Softech reserves the right to create an additional proposal per customer’s additions, and acceptance, and bill for the additional services. If the project is canceled or postponed prior to completion, the package pricing in the proposal will be null and void and the customer will be obligated to pay Milearth Softech at the rate of INR 300/- per hour for all work completed through that time. All payments to Milearth Softech are nonrefundable.
3. Copyright. Copyright for the design and development of the Web Site will become the ownership of customer once all design services owed to Milearth Softech are paid in full.
4. Customer Responsibilities. A customer is responsible for all additional Internet or web site costs or services not indicated or included in the proposal such as, but not limited to, domain name registration costs and all set up and monthly fees with selected ISP (if Milearth Softech is not hosting the site/application).
5. Relief. Customer agrees to pay reasonable attorney fees and any other reasonable fees required to enforce all terms and conditions of this contract. In addition, Customer agrees to reimburse Milearth Softech any amounts made on behalf of collecting on delinquent payments or required to enforce the payment terms of this contract. Customer acknowledges and agrees that Milearth Softech can suspend, hold up a publication or remove published web pages if Milearth Softech has not received all fees relating to the payment of services rendered.
6. Reference. Customer grants Milearth Softech the right to reference their company and web site as a client. The customer also guarantees Milearth Softech limited rights of copyright necessary to reproduce and display Customer’s web pages electronically via the World Wide Web or as demonstrations and examples of our design and work.
7. Copyright Representation. As our “Customer”, your company also warrants and represents that icons, company names, and other information which you prescribe to be placed on your website will not,
Violate any international, federal, state or local law or regulations;
In any way violate or infringe upon any party’s privacy right, the right of publicity, or any other right of any person or entity;
Contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory.
8. Warranty. Milearth Softech makes no express or implied warranties, including warranties of title, non-infringement, and merchantability or fitness for a particular purpose, regarding the service, or any software or other material available through the service. no oral advice or information given by Milearth Softech or its employees shall create a warranty. the service and any software provided to you by Milearth Softech are provided on an “as is, as available” basis; Milearth Softech does not warrant that they will be error-free and/or uninterrupted, or that defects will be corrected
9. Unauthorized Use. The customer is responsible for protecting Customer’s password(s) and for any authorized or unauthorized use made of Customer’s password. Customer will not use or permit anyone to use Milearth Softech’s service to guess passwords or to access other systems or networks without authorization. Milearth Softech will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
10. Indemnification. Milearth Softech will not post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Milearth Softech by offended users. Customer will indemnify Milearth Softech and hold Milearth Softech harmless from any damage to Milearth Softech’s business, service, equipment, network, operations, or reputation resulting from Customer’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
11. Access. By sending payment to or by participating in collaborative development i.e., a support ticketing program or a project management system with Milearth Softech, customer agrees to all terms, conditions, and design and development work as outlined in the proposal and authorizes Milearth Softech to begin design and development of customer’s web site on customer’s production servers.
12. Changes. Milearth Softech WITHOUT NOTICE may change at any time and for any reason these terms and conditions.