Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and PALCOMONLINE.COM Acceptable Use Policy (“AUP”), including SPAM, and all disconnect and reconnect fees associated with violations. PALCOMONLINE.COM does not harden or enable additional server security software outside of operating system defaults.
The following terms constitute an agreement between you and PALCOMONLINE.COM (“PALCOMONLINE.COM”). These Terms of Service govern your use of the services provided by PALCOMONLINE.COM (the “Services”).
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Delhi, India any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
PALCOMONLINE.COM agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. PALCOMONLINE.COM reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of PALCOMONLINE.COM.
Changes to Terms of Service and AUP
PALCOMONLINE.COM Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of PALCOMONLINE.COM. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of PALCOMONLINE.COM. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. PALCOMONLINE.COM is not responsible for data integrity, regardless of circumstance. PALCOMONLINE.COM strongly recommends keeping up to date and off network backups to protect against data loss.
No Services rendered by PALCOMONLINE.COM are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to PALCOMONLINE.COM within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by PALCOMONLINE.COM, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an ‘Administrative Fee’ of $200/Rs.10000 in addition to original amount of funds which were reclaimed.
In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At which time, a termination fee of $25/Rs.1250 will be applied to the account which must be paid within 15 days to avoid full account suspension. PALCOMONLINE.COM assumes no liability for the integrity of the data stored on a suspended server.
PALCOMONLINE.COM requires a thirty (30) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A thirty (30) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within thirty (30) days, the server will still be canceled however a termination fee of $100/Rs.5000 will be applied to the account and must be paid within 15 days to avoid full account suspension.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of PALCOMONLINE.COM. All information available to PALCOMONLINE.COM about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within India, or abroad.
Disclaimers of Liability: Indemnification
WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOICE. NO ORAL OR WRITTEN INFORMATION GIVEN BY AN PALCOMONLINE.COM REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
PALCOMONLINE.COM provides hardware support related to each direct client’s service functioning. PALCOMONLINE.COM does not offer software support of any kind. PALCOMONLINE.COM does not provide software support/troubleshooting for the software items chosen from the order form. PALCOMONLINE.COM only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. PALCOMONLINE.COM is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by PALCOMONLINE.COM or the client. PALCOMONLINE.COM may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system (“OS”) reload per billing cycle; each additional OS reload is $50/Rs.2500 per reload. Installation of an unsupported OS is subject to the prior approval of PALCOMONLINE.COM and to a $50/Rs.2500 fee. PALCOMONLINE.COM does not provide any type of support to the clients of our clients (third party clients). PALCOMONLINE.COM will only provide support directly to clients of PALCOMONLINE.COM.
Abuse/Spam/Bulk Email Policy
PALCOMONLINE.COM reserves the right to deny mail delivery from any servers hosted with us if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. We will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If we receive a report or otherwise become aware of abuse-related activities active on our servers, we will identify the location the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
The following actions will be taken on a case-by-case basis:
- An abuse ticket serves as notification that we have received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
- If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
- Habitual neglect of abuse occurring on a client’s server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.
PALCOMONLINE.COM reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, PALCOMONLINE.COM reserves the right to issue and charge a fine of $200/Rs.10000 and immediately terminate the service. Compromised servers issued abuse notifications: If we suspects that abuse reports associated with a client’s server are a result of the server’s security being compromised, we will offer the following options:
- At our discretion, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
- Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
- If Operating System reinstallation is not accepted as an option, PALCOMONLINE.COM may offer to manually
- retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
- Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.
If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide PALCOMONLINE.COM with an explanation via our ticketing system within 10 days of the abuse ticket being opened. Complaints under the Information Technology Act 2000 or The Copyright Act, 1957
PALCOMONLINE.COM handles any and all complaints under the above Acts very seriously, and will thoroughly investigate each complaint received. PALCOMONLINE.COM reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
- A ticket is opened as a warning, providing 48 hours to resolve the situation.
- After 48 hours with no client response, connection to the IP address related with the complaint will be disabled at the network level. At this time, PALCOMONLINE.COM reserves the right to assess a $25/Rs.1250 fine
- After 72 hours with no resolution, services on the server in question will be suspended.
- After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $200/Rs.10000 will be placed on the account. All client data will be confiscated/destroyed immediately after the cancellation date and will not be made available to the clients without written permission of the concerned enforcing agency.
Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay ‘Research Fees’ not to exceed $50/Rs.2500 per hour that PALCOMONLINE.COM personnel must spend to investigate the matter, to be charged only if claims are found to be valid.
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $7/Rs.350 over the allotted bandwidth on the service. PALCOMONLINE.COM reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. PALCOMONLINE.COM is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of PALCOMONLINE.COM. The identity verification measures may include the faxing of two forms of government issued identification to PALCOMONLINE.COM, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
PALCOMONLINE.COM keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. PALCOMONLINE.COM reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services. We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
Acceptable Use Policy
This is Our Acceptable Use Policy (AUP). This document contains information about what type of behaviour is and is not permitted on our Network. This AUP applicable is to all the agreements and renewals. If you have any questions, please contact us at email@example.com
The Internet is not owned or controlled by any single party, its openness and value is available without any prejudice, it therefore places an individual as well as collective responsibility on those who use the Internet, both in the information they receive and in the information they display to others. When users obtain information through the Internet, they must keep in mind that we cannot review, edit, censor, monitor, verify, warrant, or vouch or take responsibility for the accuracy and quality of the information that users may receive. For this reason, the users must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor or censor the Internet and will not attempt to do so, we cannot accept any responsibility for any damage(s) to its users that results from inaccurate, unsuitable, offensive, or illegal Internet communications of any nature.
Amendments to AUP
As a provider of web site hosting and other Internet-related services, we offer our customers and their customers and users, the means to receive and display a wealth of information. We believe that the Internet provides a platform for free exchange and display of information, however, when there are conflicts of interests, we reserve the right to take certain preventative or corrective actions. To protect these conflicting interests, We have developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is used as a guide to the customer’s rights and obligations when utilizing Our services. This AUP will be revised from time to time based on the development-taking place in the Internet and its use. A customer’s use of our services after changes to the AUP are posted on our web site, www.palcomonline.com will constitute the customer’s acceptance of all new or additional terms of the AUP that result from those changes.
Consequences of Violation of AUP
We will not, as an ordinary practice, monitor the communications of its customers and users to ensure that they comply with our policy or applicable law. When We become aware of harmful activities, however, we may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the network or take any other action we deems fit. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over our network and may reach a large number of people, including both customers and users of our, customers’ contents in the Internet may affect other customers and users and may harm our goodwill, business reputation, and operations. For such reasons, customers and users shall deem to violate our policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the prohibited activities including but not limited to the following:
Violations of Intellectual Property Rights
Engaging in any activity that violates privacy, publicity, or other personal rights of others and or infringes, misappropriates the intellectual property rights of others, including trademarks, service marks, trade secrets, copyrights, software piracy and patents legally rightly held by individuals, corporations or other entities. We are required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is included in our policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Display and Transmission of Obscene Speech or Materials
Using our network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. We are required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our network. You may not publish or transmit via our network and equipment any content that we reasonably believe:
- Constitutes child pornography
- Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy;
- Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- Improperly exposes trade secrets or other confidential or proprietary information of another person;
- Is intended to assist others in defeating technical copyright protections;
- Clearly infringes on another person’s trade or service mark, patent, or other property right;
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Palcom; or
- Is otherwise malicious, fraudulent, or may result in retaliation against Palcom by offended viewers.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is harmful because it can overload our network and disrupt service to our customers and users. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, we have the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list. You must obtain our advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to our reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure.
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipients and our requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at firstname.lastname@example.org .”
- You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours.
- You must post an email@example.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address.
- You have the means to track anonymous complaints and
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Distribution of Internet Viruses, Worms or Other Destructive or obstructive Activities Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Defamatory or Abusive Language
Using our network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Users must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. You must comply with the rules of any other network you access or participate in using our services. We reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Illegal Drugs Trading Activities
Engaging in activities that are determined to be illegal, including but not limited to on-line trading of banned drugs including Diazepam tablets and other psychotropic substances and on-line treading or activities leading to trade, import or export of banned drugs and other psychotropic substances as per the provisions of NDPC Act 1985.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our users, operations, reputation, goodwill, or customer relations. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the users. We also are aware that many of our customers and users are, themselves, providers of Internet services, and that information reaching our facilities from those customers and users may have originated from a customer of the users or from another third-party. We do not require our customers and users who offer Internet services to monitor or censor transmissions or web sites created by customers of its customers and users. We have the right to directly take action against a customer of users. Also, we may take action against our users because of activities of a customer of the users, even though the action may affect other customers of the users. Similarly, we expect that our customers and users who offer Internet services will cooperate with us in any corrective or preventive action that we deems fit under the law. Failure to cooperate with such corrective or preventive measures is a violation of Our AUP.
We will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. We may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. We may disclose information, including but not limited to, information concerning a users, a transmission made using our network, or a web site, in order to comply with a court order, summons, discovery request, warrant, statute, regulation, or governmental request. We assume no obligation to inform the users that users’ information has been provided and in some cases may be prohibited by law from giving such notice. Finally, we may disclose users’ information or information transmitted over its network where necessary to protect others and ourselves from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet. Any complaints about a user’s violation of this AUP should be sent to firstname.lastname@example.org