From herewith in this TOS, AUP, SLA and PP, the usage of "us", "we", "our", "ours" shall constitute reference to Aton India, the usage of "you", "your", "they", "them" shall refer to client / customer of Aton India.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Aton India, that you are agreeing to our TOS, AUP, SLA and PP. No Modifications of said contract by customer is allowed.
2. Aton India will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, TOS, AUP, SLA and PP. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Aton India any additional fees as specified in the Service Description within three (3) days of invoicing period. Any bandwidth overuse bill not paid within three (3) days of invoicing will be subject the server and services to suspension. Aton India will not under any circumstances accept liability for a site to be shutdown due to bandwidth overuse.
4. Aton India will not under any circumstances accept financial liability for sickness, stress, injury, loss of earnings, loss of data or failure of computer hardware due to using our services or incorrect/misinformed advice given by staff.
What may not be hosted on our network:
Illegally posted materials will not be tolerated on our network. These include but are not limited to:
Transmission, storage, or presentation of any information, data or material in violation of any Indian Law is prohibited.
copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization.
Copyrighted Software / Media
Info, tools or attempts related to hacking, phreaking, phishing, anarchy, virii or spam
Links to such materials are also prohibited.
If you find any of the above materials hosted on one of our web servers, please report to Aton India.
Audio/Video uploading or streaming is not allowed in any of our plan.
Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
i) Store files not related to domain.
Using a shared account as a backup/storage device is not permitted
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
99.5% Uptime Guarantee
Network Uptime is the total time in a calendar month that Aton India network is available through the Internet, provided that Client has established connectivity.
Aton India takes responsibility for Network availability within our network, however, we cannot be held liable for upstream problems, outside of our network.
Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.5% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above.
A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Aton India's Network as confirmed by Aton India. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any Aton India scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service.
Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail.
Problems outside of Aton India's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network
Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service.
These include inaccurate configuration(s), 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime.
We will do our best to remove such offenders immediately
Aton India backup our servers and individual accounts daily however we provide a backup option in your cpanel for your own backup purpose and will not be held responsible for loss of any kind if we are unable to restore a backup from our system or from a backup file provided by you.
Establishment of this service is contingent upon receipt of payment from Customer to Aton India.
Subsequent payments are due on the anniversary date of the month for the particular billing cycle chosen, unless customer requests all payments to be consolidated to one specific billing date.
Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Payments and Fees:
Payment is due on the defined monthly anniversary billing date dependent on billing cycle chosen. Credit cards that are declined for any reason are subject to a Rs.100 declination fee.
Service will be interrupted on accounts that reach 14 days past due.
Service interrupted for nonpayment is subject to a Rs. 200 reconnect charge.
Non Payment For 30 days past invoice due date will result in your hosting account and all data in it being deleted
Accounts that are not collectable by Aton India will be turned over to an outside agency for collection.
Note: On cash deposit, add additional charges of Rs.25/- per transaction in SBI, charged by bank for intercity cash deposit.
And payment through credit card or PayPal have to pay additional Rs.15 + 3.4% charged by PayPal.
Aton India may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due.
Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
All requests for canceling any service / services must be made via your client area with at least 7 days notice before next invoice is due.
No part payments are refunded hosting will run until last invoice payment length expires
Refunds and Disputes:
All payments to Aton India are non refundable with the exception of 15 days money back guarantee.
This includes any setup fees and monthly fees regardless of usage.
All billing disputes must be reported within 15 days of the time the dispute occurred.
Disputed charges to your credit card issuer, also known as charge backs, in Aton India's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
Aton India utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through Aton India, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from Aton India.
If you cancel your Aton India service, you will retain ownership of your domain name for as long as you continue to renew the domain. You may renew the domain through Aton India or transfer the domain to another registrar.
Changes to the TOS
Aton India reserves the right to revise its policies at any time without notice.
TERMS AND CONDITIONS
* Terms and Conditions can be changed or modified at any time without any prior Notification