Terms of usage – WebPundits.in
This policy represents the Terms of Service in its entirety and will be applicable to all your transactions as a ‘Customer’ with ‘WebPundits.in’ as a whole. This policy supersedes any oral promises made by WebPundits or its staff. If you as a customer have reached an agreement with any of WebPundits’s official representatives, please make sure they are provided in writing; else they will not be considered valid.
Please read these terms of service in entirety and carefully before you sign up for any of our service(s). By signing up for any of our service(s) you expressly imply that you are bound by the terms listed herein.
‘We’, ‘Us’, ‘Provider’, ‘Company’ or ‘WebPundits’ represent WebPundits.in. ‘You’, ‘Your’, ‘Client’, ‘Customer’ and ‘Member’ represent a person or entity who buys services from us.
The following activities are banned for use on all our servers and may not be run by any customer(s) unless there is a written permission from us to do so. These activities are banned since they are either illegal / harmful / malicious / increase server loads.
Customers may not use our services for spamming activities / sending unsolicited emails / requests. If found doing so, we have the right to terminate customer account without any prior notification and no refund would be issued. Webpundits.in may ask the customer to prove that the user being e-mailed has opted-in to the mailing list.
Resource Usage Policy:
Bandwidth Usage: All servers / accounts are provided with unmetered bandwidth limits as per the plans selected. Customers are requested to use these wisely. We reserve the right to review / amend / downgrade / upgrade / modify this allocation any time if we feel that this is affecting the server / network performance.
Memory Usage: We reserve the right to monitor the memory (RAM / Processor) performance of our servers at all the time. Ideal memory usage would be less than 1% of the server resources. We reserve the right to suspend services (temporarily or permanently) if we find that high memory consumption is affecting network performance.
Content Storage and Backup Policy:
All the contents stored on our server(s) by the customer(s) are at the sole risk of customer(s) and WebPundits.in does not have any liability towards keeping the backups of such content. It is the responsibility of the customer to take regular backups of the content stored on the server(s).
Account Set Up:
Remote Desktop Accounts: Remote Desktop accounts are usually created within 1-24 hours of confirmation of payment; you can confirm this with our sales team before / after placing an order since it may get delayed at times due to server availability. If we anticipate a delay of more than 24 hours in delivering your accounts, we will pro-actively intimate you about it.
It is the duty of the customer to create their account(s) with unique and random passwords. Any account(s) found with illegal or irregular activity will be suspended immediately to protect other customer(s) and any potential losses that may arise out of actions of that hacked account. Please note that this is only a preventive measure. We also urge you to maintain the secrecy of your password and not to share it with anybody else.
You agree to indemnify, defend, and hold Webpundits.in and its affiliates, founders, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Webpundits.in servers. Such liabilities may include, but are not limited to, those arising from the following:
a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy.
b) Any damage or destruction to WebPundits.in equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees.
c) Any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by WebPundits.in gross negligence or wilful misconduct.
d) Any other damage arising from your equipment or your business.
The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all WebPundits.in services.
During the course of providing services to a customer, WebPundits.in may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, WebPundits.in shall retain ownership of any IP address or addresses used by the customer under this agreement, and that WebPundits.in reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Fees: Webpundits.in charges the following fees where ever applicable. All such fees are subject to change with a 30 days notice. Not all fees are applicable to all accounts.
• Service Fee – This is the fee for your monthly services.
• Gateway Transaction Fees – We charge 6% fees on every invoice for payment processing as we accept a wide variety of payment methods.
Change of Plans:
Webpundits.in reserves the right to alter, change, amend, or delete fees at its sole discretion. Webpundits.in further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
Webpundits.in reserves the right to offer promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any special rates shall not affect the existing rights and responsibilities of each party. Webpundits.in also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
Payment of Fees – Webpundits.in accepts payment by PayPal, BitCoin, WebMoney, Payza, Perfect Money, Indian Net Banking and Paytm.
• Payment Obligations: Full payment is required in advance before service is established. We send out invoices that are due every pay period. You are given fourteen (14) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that WebPundits.in may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment is not received by due date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees.
• Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to fourteen (14) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
Cancellations: All cancellation requests must be sent 5 (five) days before the due date of the invoice. If you do not raise a cancellation request and are not paying the invoice as well, the due date is the server expiration date. The server will be wiped of all data due to customer privacy. Data on the server will be retained only if a cancellation request is received well in time.
Payment Disputes and Chargebacks:
Customer agrees to contact our billing department and attempt to resolve any billing issues before filing a dispute / payment chargeback. The decision of the bank / payment processor will be final and binding once a payment dispute / chargeback is filed. Webpundits.in will in no case overrule this decision.
Webpundits.in may at its sole discretion place the customer account on temporary suspension until the charge-back / payment dispute is resolved.
Limitation of Liability:
WebPundits.in cannot be held liable for any indirect, incidental, punitive, disruptive or other consequential damages including but not limited to loss in profits, damages related to corruption or deletion of files / website contents, e-mail data and database contents arising out of or in relation to this agreement or your use or inability to use WebPundits.in services due to any reason regardless of whether the customer is in contract or not even if we are informed / advised of any such possible damages in advance. In no event shall our maximum liability exceed the total amount paid by its customer for the services received during the prior 12 (twelve) months. Wherever the applicable local law does not allow the limitation of liability for consequential or incidental damages, we are liable to the extent permitted by law.
Service Suspension and Termination:
WebPundits.in may at its sole discretion place a customer account under temporary suspension if the customer is found to violate any of the terms of service written herein depending on the nature of the violation. If found that the customer is committing an offence by violating some of the terms, we may at our sole discretion terminate the account permanently without any pro-rata refund and the account / server may also be wiped of all contents.
We urge our customers to abide by these terms and have a happy stay with WebPundits.in
Assignment of Rights:
Your rights under this agreement may be assigned to another party only upon prior notice and express approval by WebPundits.in Any other attempted transfer or assignment of rights hereunder shall be null and void.
WebPundits.in may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of WebPundits partnership firm.
Amendments to Terms of Service:
WebPundits.in may, at its sole discretion, without any prior notice amend / modify this agreement from time to time as it may deem fit. Modified ToS will be placed on WebPundits.in website and those terms will come into force immediately for all existing and future customer(s). All previous terms would be superseded in such cases.
If the customer does not agree to any new terms – it is their responsibility to terminate the subscription. If the customer does not terminate their subscription within 15 (fifteen) days of the modification, then the continued use of the service(s) will mean that the customer has no objections to the amended terms of service.
All dedicated server clients of Web Pundits are subject to the following terms of service:
Web Pundits provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available.
1. INDEMNIFICATION POLICY
You agree to use all Web Pundits services and facilities at your own risk. Web Pundits specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Web Pundits be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Web Pundits harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Web Pundits, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Pundits against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Web Pundits’s server.
Web Pundits reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Web Pundits’s server. Web Pundits shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. For US Server which have 30TB bandwidth – If you use more than 30TB , overuses price will be 70$/TB, This will be billed at end of month. We may suspend 30TB servers after reaching the limit. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. We periodically send Payment Reminder Emails to all clients.
2.1 FRAUD VERIFICATION REQUIRED:
All PayPal payments need to be sent manually.
Client details provided to us (including email) MUST match with PayPal account Holder. Otherwise, Send us following Docs with your Order/Invoice Details to email@example.com within 24 hours.
For PayPal Payments: A Valid ID Proof (Passport or License or National ID) of PayPal Account Holder You can also submit a support ticket and attach your document with the ticket. If you do NOT submit above documents within 24 hours, your order will be cancelled & payment will be refunded. We DO NOT STORE these documents and they are deleted immediately after your order verification.
2.2 LATE PAYMENTS AND LATE FEES:
All accounts are billed according to the dates they were first activated on. We generate all invoices 14 days before the due date. If you will not pay for service on your due date, your account will be suspended anytime after your due date. If you will not pay for service renewal in 24 hours after your due date, your account will be terminated. All data will get deleted and the server space will be re-used for some another client. We charge LATE FEES if you pay after 24 Hours. If you account/order is terminated or cancelled, you will need to make a fresh order.
3. ACCEPTABLE USAGE POLICY:
All services provided by Web Pundits may be used for lawful purposes only. The laws of the Indian Government apply. Transmission, storage, or presentation of any information, data or material in violation of any Indian State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Web Pundits and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
The following acts will be considered violations of the AUP:
4.1 Illegal Use
includes, but are not limited to:
4.2 Malicious Activity
includes, but are not limited to:
4.3 Promotion of Illicit Activity
includes, but are not limited to:
4.4 Unsolicited Bulk Electronic Mailing
includes, but are not limited to:
includes, but are not limited to:
4.7 Insufficiently-Secure Administration
includes, but are not limited to:
4.9 Banned Scripts and programs:
The following scripts and programs are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
4.10 Torrent Activities:
We NEVER allow any of our client to use public tracker for any kind of torrent activities including leeching, downloading or seeding etc. If some client use any public tracker, he does so on his own risk and he is solely responsible for it. We will immediately suspend such accounts if we get any kind of complaint regarding that torrent or IP or Account.
4.11 Specialised Hosting:
We provide Specialised hosting services and each service have some specific scripts that can be used with that service. e.g. RapidLeech Hosting : Only RapidLeech script is allowed. Any similar or any other type of script is STRICTLY NOT allowed. Similarly sBorg Hosting is bound to sBorg script, TFRL Hosting is bound to TorrentFlux B4rt and rapidleech script only. Seedbox Hosting is bound to ruTorrent/Transmission and Rapidleech.
4.12 DDoS or Attack Prevention:
Our Services DO NOT come with any kind of protection from DDoS or other net based attacks. You should harden your VPS/server security to get a basic protection against such attacks. Please note the following policies in case of an incoming/out going attacks via your VPS/Server.
INCOMING ATTACK on your VPS/Server :
1st Incident : Your IP will be null-routed for 24 hours or more and it can be reactivated if we think attack is stopped.
2nd Incident : If the attack comes again, we may null-route your IP for 72 hours or more and it can be reactivated if we think attack is stopped.
3rd and final incident : If the attack still continues, we will close your VPS/Server and provide you a way to backup your data. We may also decide to stop providing any new services to you or close your account permanently in case of frequent attacks on your services.
OUTGOING ATTACK from your VPS/Server :
We strictly DO NOT allow such activities on our network including but NOT limited to DDoS/other Attacks, port scanning, hacking/cracking activities etc. If we found your services are involved in such activities, it will be suspended immediately and it may be closed permanently depending upon severity of the attack/issue.
5. SERVICE SUSPENSION AND REACTIVATION
Any client abusing server resources or violating ToS/AUP will be suspended immediately and will be charged between $2 to $5 Service Re-activation Fees depending on type of abuse and previous number of suspensions for that client. All such accounts will be re-activated only after receiving of Service Reactivation charges. We reserve the right to deny any request for re-activation after/before payment of service reactivation charges to maintain server stability. We reserve the right to terminate a client’s account without his prior permission or without contacting him for any reason including but not limited to any kind of server abuse, multiple suspension of client’s account due to breach of ToS/AUP etc.
6. ABUSIVE CLIENTS
Web Pundits, may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to;
7. BACKUPS and DATA LOSS
Your use of this service is at your sole risk. We don’t provide any kind of backups system/service. You must take your own backup manually by yourselves. We are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. We are NOT responsible for any kind of Data Loss caused due to any reason.
8. PRICE CHANGE
The amount you pay for your service will not increase from the date of purchase in the current billing cycle, however prices may be increased from next billing cycle. We reserve the right to change prices listed on our websites, and the right to increase/decrease the amount of resources given to plans at any time.
9. LIMITATION OF LIABILITY:
Web Pundits shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Web Pundits servers going off-line or being unavailable for any reason whatsoever. Furthermore, Web Pundits shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Web Pundits servers. All damages shall be limited to the immediate termination of service.
Web Pundits cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Web Pundits are resold. Thus, certain equipment, routing, software, and programming used by Web Pundits are not directly owned or written by Web Pundits. Moreover, Web Pundits holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Web Pundits sees fit. FURTHERMORE, Web Pundits retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement. If you don’t agree to these services, either don’t purchase any service or if already purchased, immediately cancel it. No refund will be processed in such case.