Terms Of Use - Updated on: 22-Nov-2011

avissoft shall provide its Services to You (Customer) under the Terms and conditions of this avissoft-Customer Agreement.The Agreement is intended to protect both the integrity and liability of avissoft and the Customer. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services. You understand and agree that the Service is provided “AS-IS” and that avissoft assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Customer communications or personalization settings.

avissoft HOSTING SERVICES

  1. BANDWIDTH. avissoft has removed any bandwidth limit from the accounts. You're not allowed to abuse this facility. Unlimited Bandwidth is limited to the total monthly bandwidth of 6000 GB. Any account found abusing (like sharing mp3's or large files or running file sharing facility etc. will be suspended). The unlimited bandwidth has been provided as a courtsey without any extra charge. Your account will be limited to original bandwidth limit or suspended if found abusing. The unlimited bandwidth is for your personal use only. DO NOT SHARE LARGE FILES, SONGS, VIDEOS etc. DO NOT RUN FILE SHARING SERVICE.
  2. DOMAINS HOSTED. avissoft hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
  3. DOMAIN REGISTRATION is available at discounted price only with purchasing web hosting account(s). Each web hosting account can use a maximum of one discounted domain name. Domain registrations are final and can not be refunded.
  4. DISK SPACE. Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information.
  5. IP ADDRESS. avissoft hosting accounts do not include IP address. For many customers IP address is important for starting SSL hosts and that’s why we allow purchasing IP addresses. Payment is accepted only in advance per year. Contact sales for more information.
  6. MYSQL DATABASE(S) is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information.
  7. SSH is not included in hosting plans and won’t be available due to security reasons.
  8. PRICING. All prices on the web site are in INR unless until specified. Domain Names are charged in USD which are automatically converted to INR for billing.

MONEY BACK GUARANTEE

avissoft offer 15 day money back guarantee. If you are not satisfied with our shared hosting service you can email support@avissoft.com and receive a full refund for your hosting plan within 15 days after you purchased the account.

However all domain registrations are final, do not include any money back guarantee and will be subject to a $9.99 per year per domain registration fee. Upon a hosting package refund, you will be charged actual price of the domain name registration and a partial refund will be issued for the rest of the sum. Even after refund of web hosting you will have full control over your domain name.

avissoft no longer offers a 15 Day Money Back guarantee on VPS, DDS or Dedicated Server hosting. While we liked providing our customers with a way to trial our service, it unfortunately led to frequent abuse of the guarantee. In order to keep our pricing competitive and continue providing our top notch service and support, it is no longer possible for us to offer any refunds on VPS, DDS or Dedicated Server hosting.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the avissoft Services, you will not use the avissoft Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any avissoft Services, other accounts, computer systems or networks connected to any avissoft Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the avissoft Services. avissoft reserves the right at all times to disclose any information as avissoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in avissoft's sole discretion.

THIRD PARTY

Any dealings with third parties (including advertisers) included within the avissoft Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. avissoft shall not be responsible or liable for any part of any such dealings or promotions.

TERMINATION

You agree that avissoft, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.

YOUR RESPONSIBILITIES

You are solely responsible for the content of your messages. Using the avissoft Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, you agree to:

  1. Provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form.
  2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or avissoft has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, avissoft has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
  3. You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

YOU AGREE TO

  1. Immediately notify avissoft of any unauthorized use of your password or account or any other breach of security
  2. - Ensure that you exit from your account at the end of each session.
  3. avissoft cannot and will not be liable for any loss or damage arising from your failure to comply with this.
  4. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
  5. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.

avissoft does NOT allow sites that provide any content, points of distribution, or ‘links’ to sites that:

  1. Infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy;
  2. Violate any law, statute, ordinance or regulation;
  3. Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
  4. Contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. Contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
  6. Has Adult Sites (content) – Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.

SPAMMING IS PROHIBITED

We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

  1. The bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients
  2. The sending of junk mail
  3. The use of distribution lists that include people who have not given specific permission to be included in such distribution process
  4. Posting commercial ads to USENET newsgroups that do not permit it
  5. Posting articles containing binary encoded data to a non-binary newsgroups
  6. Excessive and repeated posting off-topic messages to newsgroups
  7. Excessive and repeated cross-posting
  8. - e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
  9. The e-mailing of age- inappropriate communications or content to anyone under the age of 18.

COPYRIGHTS

Copyrighted material must not be placed on Customer’s account without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.

Upon our receipt of notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.

All Domain Name orders must be confirmed by client in written. Any charges incurred for wrong registration due to spelling mistake has to bourne by the client if the Domain Name is not provided in written.

FOR RESELLERS, WEB MASTERS, WEB DESIGNERS

Any reseller, sub-reseller, webmaster, web designer who is availing the services from us and providing services further to 3rd parties shall keep their clients etc. upto date and provide services to their satisfaction with timely renewals and providing proper support for sales as well as technical support.

You must also keep your contact information including phone numbers, mobile numbers, email addresses, contact address etc. updated with Avis Software at all times.

If any of your 3rd party clients etc. contacts us with any disputes for resolution for any reason and you fail to resolve the issue then the right of the services will be vest in us and we shall provide the services to your 3rd party clients after giving a notice on your available email address or phone numbers with us. If you fail to contact us in order to resolve the issue within 7 days of notice, we will suspend your accounts and take appropirate action to satisfy the end customer. Restoration of account/services will cost Rs. 500.00 per suspension.

Please note that this is a shared hosting server system. It is your responsibility to keep the images, scripts, mysql databases and other resource intensive materials optimized. If the content on your website causes any type of harm, problem to the server like but not limited to server overload, bandwidth over usage etc. then your website will be suspended immediatly without any notice.

We do not allow more than 2% of CPU load for more than half an hour for a specific website. If your website crosses this limit then your account will be suspended without any notice and without any refund.

Unlimited Reseller Hosting: This plan is limited to the server resources. An initial webspace of 20 GB is allocated in this plan which can be upgraded to a maximum total of 40 GB upon request. All domains hosted under this plan must be registered by and/or transfered to and/or renewed by avissoft. Failure to comply will result in termination of that hosting account without any notice.

Please report any violations of the Terms of Service here.

FREE HOSTING PACKAGE / OFFER

Free hosting is provided with a valid domain name purchase. It is not available if you transfer or use your own domain name. A valid domain name (other than domains in promotions) must be purchased in order to qualify for free hosting. Free Hosting package does not includes support of any type unless decided by avissoft.

VPS / DDS / DEDICATED HOSTING

This Web Hosting Agreement (this “Agreement”) is between Avis Software a.k.a avissoft, an internet company formed under the laws of the State of Chandigarh and the person (individual or legal person) whose signs avissoft's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of avissoft's Web hosting service.

The following is a list of terms that you agree to when signing up. For details information please read the appropiate section.

  1. All cancellations must be made at least 10 days before the next service renewal period by emailing: support@avissoft.com
  2. We do not allow illegal content.
  3. We do not tolerate abuse to staff.
  4. Failure to pay your bill on time will result in suspension and/or termination of your account and/or service after 7 days.
  5. Reconnection after suspension is USD 50 OR INR 2500 whichever is higher.
  6. All debts will be passed onto our appointed collection agents.
  7. Network & Power Uptime SLA is 99% only.
  8. There are no refunds of any kind on dedicated server products, dynamic dedicated server products or VPS products.

FEE INCREASE: avissoft may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least seven (7) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

CURRENCY CONVERSION: avissoft may increase and/or decrease its fees for services upon any change in the price of USD and/or GBP effective the first day of a Renewal Term without any notice. This is due to the fact as all billing done to avissoft by suppliers / vendors are in USD / GBP and any increase / decrease from suppliers / vendors price or any increase / decrease in currency conversion will be passed on to the customer on the next Renewal Term.

MONEY BACK GUARANTEE:: avissoft no longer offers a 15 Day Money Back guarantee. While we liked providing our customers with a way to trial our service, it unfortunately led to frequent abuse of the policy. In order to keep our pricing competitive and continue providing our top notch service and support, it is no longer possible for us to offer any refunds on VPS, DDS or Dedicated Server hosting.

BACK UP COPY

Customer agrees to maintain a current copy of all content hosted by avissoft nothwithstanding any agreement by avissoft to provide back up services.

Changes to avissoft's Network Upgrades and other changes in avissoft's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of customer's hosted content and/or applications. avissoft reserves the right to change its network in its commercially reasonable discretion, and avissoft shall not be liable for any resulting harm to Customer.

FREE LETS ENCRYPT SSL CERTIFICATE

One SSL certificate per web hosting is issued upon request by client sent on support@avissoft.com which is valid for 90 days. The certificate will auto-renew by the system. Free SSL certificate does not applies on sub-domains. All LetsEncrypt terms and conditions apply.