|
Acceptable usage
Policy & terms of use.
Thank you for visiting
the indiacraze.com Web site (the "Site"). All data is owned &
managed by "STAR INFOTECH", subject to your acceptance of these
Terms of Use. Please read these Terms of Use carefully before using
or registering for the Site, as your use of the Site will constitute
your agreement to be legally bound by and to comply with these Terms
of Use.
Description of the
Site.
The Services allow you
to develop, publish, and display a web site, store data in a
database, send and receive e-mail messages, maintain a bulletin
board through which you can interact with the Internet users, and
send and retrieve various information’s
Access and
Registration.
In order to use the
Site, you need the equipment necessary to connect to the World Wide
Web ("WWW"), and the connection necessary to access the WWW. You are
responsible for any fees associated with such connection or access
(such as those charged by an Internet Service Provider (ISP) or
telephone company). In order to make a purchase at the Site or take
advantage of some of the services and interactive features offered
at the Site, you will need to register with Indiacraze.com. You
agree that if you choose to register, you will: (a) provide accurate
and complete information when prompted to do so by any registration
form, and (b) maintain and update such information so it remains
accurate and complete.
Financial transactions
& Taxes
If you make any
financial transactions on
Indiacraze.com, including paying for
network services fees, advertising banners, product placements,
products or services, you may be asked for credit card or other
payment information. You agree that all information you provide is
accurate, complete and current and that you will pay all charges
owed, including any applicable taxes. You agree that you are solely
responsible for any personal income reporting and tax payments
required of you by applicable government authorities
Privacy.
Your privacy is
important to Indiacraze.com. All information gathered from you in
connection with your use of Site will be governed by the provisions
of the Indiacraze.com
Privacy Policy,
which are incorporated into these Terms of Use by this reference.
Age.
The client must be 18
years of age to obtain our services.
Intellectual Property
and Rights to Access Site & Ownership.
Indiacraze.com is the
exclusive owner and proprietor of the Site. The Site Content and
Code are owned by Indiacraze.com and/or its licensors and are
protected by applicable domestic and international copyright and
other intellectual property and proprietary rights and laws, and are
offered to you, as they exist on the Site, for limited use pursuant
to these Terms of Use. As used herein, "Content" means any and all
human readable audio and/or visual elements of this Site, including
without limitation, any text, graphics, images, illustrations,
photographs animation, video/audio or audiovisual works, designs or
logos, information, and other content made available through the
Site. "Code" means any and all underlying elements of this Site,
including without limitation source code, script, object code,
software, computer programs, and other sets of statements or
instructions contained in or underlying the Site. You shall not
copy, distribute, publish, perform, modify download, transmit,
transfer, sell, or license, create derivative works from or based
on, publicly display, frame, link, or in any other way exploit any
of the Content or Code, in whole or in part, without the prior
written permission of Indiacraze.com or the respective copyright
holder.
Decorum
Unacceptable
activities include spamming (sending unsolicited advertising to
those with which the customer has no existing business relationship,
posting off-topic advertising in newsgroups); spoofing (using a
return email address which is not the valid reply address of the
sender or sending an email message which does not contain enough
information to enable the recipient to identify the party who is
really sending the message; passive spamming (promoting a web site
hosted by Indiacraze by spamming from some other source), trolling
(posting controversial messages in newsgroups to generate
responses), mail bombing (inundating a user with email without any
serious intent to correspond), generating a higher volume of
outgoing mail than a normal user (over 10% of available system
resources), and subscribing someone else to an electronic mailing
list without that person's permission. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or
sent to a recipient who has not requested the message. Making an
email address available to the public does not constitute a request
to receive messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have personally
subscribed. Mailing lists may not be used to distributed unsolicited
email. Any customer repeatedly "mail bombed" or that attracts such
behavior will be asked to leave and charged a sum of $300 equivalent
as the same amount under the agreement with our datacenter will be
payable by us to them. If you are not sure if your actions will be
in violation, please ask first
(complaint@Indiacraze.com).
Misuse of the legal
rights of others
Examples of
unacceptable activities in this regard include posting private
information about a person without their consent, infringing
intellectual property rights, defaming a person or business, and
knowingly making available code which will have a deleterious effect
on third party computers. Indiacraze supports free speech on the
Internet, and will not suspend or cancel a customer's account simply
because it disagrees with the views expressed by the customer. Where
there are allegations that a customer's on-line activity has
violated the legal rights of a third party, Indiacraze will not
substitute itself for a court of law in deciding tort claims raised
by the third party.
Misuse of the
law
Indiacraze's services
may be used for lawful purposes only. Illegality includes but is not
limited to: drug dealing; attempting without authorization to access
a computer system; pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s, MPEG's,ROMs, and ROM
emulators); gambling; schemes to defraud; trafficking in obscene
material; sending a message or having content that is obscene, lewd,
lascivious, filthy, or indecent with intent to annoy, misuse,
threaten, or harass another person; threatening bodily harm or
damage to individuals or groups; violating U.S. export restrictions;
stalking; or violating other state or federal law such as the
Electronic Communications Privacy Act, the Computer Fraud and Abuse
Act, or the Economic Espionage Act. Linking to illegal material is
also prohibited. Anything violating Indian Law will be considered as
misuse & violation of our services and the person indulging in
the same will be considered totally liable for his acts. On finding
this we will discontinue the services immediately and inform the
same to the Law enforcement agencies to take care of the situation
& this will not arising any liability on Indiacraze.com or any
of its associates, partners or proprietors.Indiacraze reserves the
right to check system files, email, and other data on our servers
for illegal content and materials, or for any other reasons deemed
necessary.
Pornography
Pornography and
sex-related merchandising, or links to such material, even if legal,
is not an acceptable use of Indiacraze's servers.
Misuses of
Indiacraze's Server Resources
Running programs in
the background on a Indiacraze's server without Indiacraze's prior
written authorization, or running chat rooms, Internet Relay Chat,
IRC bots, Greeting Cards sites, software downloading sites, more
then 1000 emails a day and the like are not acceptable uses of
Indiacraze's servers. Further, any usage of ten percent (10%) or
more of our system resources is an undue burden on our system and is
unacceptable. If your usage ever exceeds ten percent (10%) of system
resources, your account may be terminated immediately and without
prior notice. In addition any domain that exceeds ten gigabytes of
bandwidth traffic can be terminated without prior notice. Indiacraze
can set an additional domain name to be pointed to your site's IP
address for Rs.1100 p.a setup fee. Usage of scripts or other
utilities to direct pointed domain names to subdirectories is not
permitted and is grounds for termination of the
account.
Hacking/Cracking
Indiacraze.com
reserves the right to report illegal activities to any and all
regulatory, administrative, and/or governmental authorities for
prosecution.
The following examples
of unacceptable behavior are non-exclusive, and are provided for
guidance purposes. If you are unsure if your actions will be a
violation of our policies please contact
complaint@Indiacraze.com.
Server broadcast
messages or any message sent on an intrusive basis to any directly
or indirectly attached network, attempt to circumvent any user
authentication or security of host, network, or account accessing
data not intended for user, probing the security of any network,
Spawning dozens of processes, Port scans, ping floods, packet
spoofing, forging router information, flooding, spoofing, ping
bombing, teardrop, Promulgation of viruses, IRC bots such as
eggdrop or BitchX.
Any activity, whether
or not the intrusion results in the corruption or loss of data, will
be investigated and proper action taken. The presence of any of
these programs, whether or not run, will result in action against
the user including suspension or termination.
Posting Materials to
the Site.
As used in these Terms
of Use, "Your Posted Material" means any information, messages,
e-mails postings, on-line discussions, literary works, or other
text, drawings, illustrations or images, films, graphics, images,
photographs, animation, audiovisual works, recordings, digital
content designs, logos, or other copyrightable work or
non-copyrightable idea, expression, or communication, regardless of
whether you authored or created such work or communication, which
you cause to be posted to, submitted to, or in any way transmitted
via, the Site. You agree that none of Your Posted Material will
contain information or content that (a) infringes any intellectual
property right or other proprietary right of any third party; (b)
reveals trade secrets or any information which you have agreed,
expressly or impliedly, to keep confidential; (c) is obscene,
indecent, defamatory, abusive, or otherwise objectionable; (d)
contains a virus, Trojan horse, time bomb, cancelbot, or any other
computer programming or materials that are intended to intercept
information or damage or detrimentally interfere with the Site or
its security; or (e) violates any applicable law. Additionally, you
agree that none of Your Posted Material will contain information or
content that: (i) contains or constitutes commercial advertising,
solicitation, informational announcements, or political tracts; (ii)
constitutes, contains, or encourages "make-money fast" type
messages, "chain letters" or "pyramid schemes" of any type; (iii)
contains false or misleading information; (iv) is purportedly sent
from a person other than yourself (e.g., impersonation of another
person or user); (v) with respect to "chat rooms" or other mechanism
for real time dialogue between users, disrupts the normal flow of
dialogue, or posts comments that are not related to the topic being
discussed (unless it is clear that the discussion is free-form), or
(vi) otherwise interferes with other users' enjoyment of the Site.
License to Your Posted
Material.
You hereby grant to
Indiacraze.com the royalty-free, non-exclusive, transferable right
and license to use, reproduce, modify, creative derivative works of,
publish, translate, distribute, sell, perform, display, and
otherwise exploit Your Posted Material alone or as part of other
works, throughout the universe, in all forms of media or technology
whether now known or later developed. You represent and warrant to
Indiacraze.com that: (a) you have the full and unrestricted right to
grant such rights to Your Posted Material, and (b) Indiacraze.com's
exercise of its rights granted by you hereunder shall not infringe
upon any copyright or other intellectual property right or any
proprietary right of any third party. Indiacraze.com assumes no
liability for any of Your Posted Material or any other Content
posted to the Site by a third party. Indiacraze.com shall have the
right, but not the obligation to remove any of Your Posted Material
from the Site that fails to comply with these Terms of Use.
Client
Responsibility
The client is
responsible for all activity originating from the account unless
proven to be a victim of outside hacking or address forgery. The
client is responsible for securing their username/password. The
client assumes responsibility for all material on their site that
may be put on by a third party (such as the usage of Free For All
links pages). Use of Indiacraze's service requires a certain level
of knowledge in the use of Internet languages, protocols, and
software. This level of knowledge varies depending on the
anticipated use and desired content of the web space by the client.
The following examples are offered: Web Publishing: requires
knowledge of HTML, properly locating and linking documents, FTPing
Web contents, Graphics, text, sound, image mapping, etc. FrontPage
web publishing: knowledge of the FrontPage tools as well as Telnet
and FTP understanding and capability. CGI-Scripts: requires
knowledge of the UNIX environment, TAR & GUNZIP commands, Perl,
CShell scripts, permissions, etc. Mail: a use of mail clients to
receive and send mail, etc. The client agrees that he or she has the
necessary knowledge to create and maintain their web space. Client
agrees that it is not the responsibility of Indiacraze to provide
this knowledge or support outside matter specific to Indiacraze's
servers. Support will only be provided to the Company placing the
order on us, we shall not support customers of resellers to whom the
space is further resold by the reseller. We do not offer tech
support to customers who walk in to our office as that will have an
additional charge of Rs.1000 per hour but we do offer tech support
through telephone calls and emails.
User
Conduct.
In addition to the
restrictions on Your Posted Material, by using this Site, you agree
you will not: (a) reproduce, copy, distribute, or perform by any
means, method, or process now known or later developed any of the
audiovisual works or other works made available on or through the
Site, without the express authorization of the copyright holder in
such work; (b) disrupt or interfere with the security of the Site or
any Code or hardware used in connection with the Site, (c) use or
attempt to use another's account on the Site, (d) mislead others
about your identity, (e) use any automated means to access the Site
or collect any information from the Site (including without
limitation robots, spiders or scripts), (f) frame the Site, place
pop-up windows over its pages, or otherwise affect the display of
the Site pages, or (g) use any meta tags or other "hidden text"
utilizing a Indiacraze.com name, trademark, or product or service
name. In addition, you agree that you will comply with all
applicable laws that relate to your use of or activities on the
Site.
Backups
No guarantees are made
of any kind, either expressed or implied, as to the integrity of
these backups. Backups are made for server restoration purposes
only. It is the clients' responsibility to maintain local copies of
their web content any information. If loss of data occurs due to an
error of Indiacraze, Indiacraze will attempt to recover the data for
no charge to the client but does not guarantee its recovery. If data
loss occurs due to negligence of client in securing their account or
by an action of the client, Indiacraze will attempt to recover the
data from the most recent archive for an Rs.2500/-
fee.
IP
numbers
Indiacraze
maintains control and any ownership of any and all I.P. numbers and
addresses that may be assigned to the client and reserves in its
sole discretion the right to change or remove any and all IP numbers
and addresses.
Renewal of
Domains
We do not send any
intimation or notices about domain name renewals except the notices
for the expiry of the web space. Renewal notices for the domain
comes directly from the registrar and we stand no guarantee for any
domain renewals unless the client pays in advance 20 days prior to
the expiry of the domain. In simple words it is the clients onus to
check when his domain is expiring and unless he pays well in advance
to renew the domain we cannot assure of its renewal.
Domain
Registration
Any
facilities/features offered by the registrar with domain booking are
beyond our control and thus we cannot give any surety of their
operations except that you will definitely get a control panel to
manage your domain passwords and change any information related to
Registrant, administrative, technical and billing contact in real
time. As registrars have their own servers so any support related to
the domains have to be directly taken from the registrar tech
support staff members. We offer no guarantee at all related to
add-on features with the domain names and any queries related to the
same must be send to the registrar only.
Applicability of
invoice
Invoice will be
applicable on the availability of domain name at the time of Booking
and incase we have raised the invoice prior to the booking of domain
and the same domain is booked by some one else before we have
initiated the registration process on or after the date of the
invoice / on or within the billing duration, said invoice
will stand cancelled and bring no liability on Indiacraze.com or any
of its associates, employees, members, channel partner and
Proprietor.
Modifications to Terms
of Use; Additional Terms.
Indiacraze.com
reserves the right to modify the Terms of Use at any time. Any
modifications shall be effective upon the earlier of the posting by
Indiacraze.com of the modified Terms of Use at the following URL
http://www.indiacraze.com/, or
direct e-mail notification of the changes to you. You agree to
review these Terms of Use periodically so that you are aware of any
modifications. Your continued use or membership of the Site shall be
deemed your acceptance of the modified Terms of Use. You agree that
the above-listed standards for notice of changes are reasonable.
Certain services offered by Indiacraze.com (e.g. free e-mail) are
done in conjunction with third parties and have different or
supplemental terms of use applicable to such service. Please be sure
to read any different or supplemental terms that appear when
enrolling for a particular service. To the extent such different or
supplemental terms conflict with these Terms of Use, the different
or supplemental terms applicable to the service for which you are
signing up will control. In addition, Indiacraze.com may offer you
additional services or features at the Site via addenda that
supplement (but do not replace) these Terms of Use. If you agree to
such addenda (by clicking the appropriate button), the terms and
conditions contained in such addenda will be incorporated into these
Terms of Use.
Failure to Comply with
Terms of Use.
You acknowledge and
agree that Indiacraze.com may suspend or terminate your membership
account and/or deny you access to, use of, or submission of Your
Posted Materials for, all or part of the Site, without prior notice,
if you engage in any conduct that Indiacraze.com believes, in its
sole discretion: a) violates any term or provision of these Terms of
Use, (b) violates the rights of Indiacraze.com or third parties, (c)
or is otherwise inappropriate for continued access and use of the
Site. In addition, Indiacraze.com reserves the right to terminate
inactive membership accounts. You agree that upon termination, we
may delete all information related to your account and may bar your
access to your account and the Site.
Links
This Site may contain
hyperlinks, references and Information gathered from third party
Internet sites that Indiacraze.com does not own or operate. Such
hyperlinks are provided for your reference and information only.
Indiacraze.com makes no warranties or representations regarding the
availability of, or the content located on or through, such sites.
Indiacraze.com does not endorse, sponsor, or review he content
contained at the sites to which hyperlinks on Indiacraze.com web
sites are directed, nor does Indiacraze.com represent that such
sites are appropriate for children, in compliance with laws, or are
what they purport to be. Accordingly, Indiacraze.com does not accept
any responsibility or liability for content contained at such sites.
Security.
Although
Indiacraze.com intends to use reasonable security measures with
respect to the Site, as with any on-line or electronic communication
or interaction, there is an inherent risk involved in transmitting
any information via the Internet. Indiacraze.com does not and cannot
guarantee that its system is free from hackers or viruses or that
information provided by users to Indiacraze.com will not be stolen
or otherwise surreptitiously obtained. You hereby acknowledge and
understand that such risk is inherent in interacting with any
website, including this Site, and take full responsibility for any
harm, danger or damage that ensues due to any such breach in
security.
Termination.
You may discontinue
your participation in and access to the Site at any time. These
Terms of Use will continue to apply to all past use of the Site by
you, even if you are no longer using it.
Disclaimer.
This site, including
without limitation, the content, code, and other materials contained
in or accessible through this site are provided "as is" and "as
available" basis. Indiacraze.com disclaims all warranties, express
or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title, and
non-infringement with respect to all such materials. Indiacraze.com
does not make any warranty that this site or its content, products
or services will meet your requirements, or that the site, code or
content will be uninterrupted, timely, secure, or error free.
Indiacraze.com does not make any warranty concerning the accuracy of
the information contained on the site, any products available for
purchase on the site, or the visual or sound quality of any audio,
visual or audiovisual materials offered on or presented through this
site. Indiacraze.com does not represent or warrant that this site or
its server(s) are free of viruses or other harmful components.
Reference to any products, services, processes, or other
information, by trade name, trademark, manufacturer, supplier, or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by Indiacraze.com. Some states do not allow
the limitation or exclusion of certain warranties or conditions, so
the above exclusions may not apply to you.
a). Limitation of
Liability
Indiacraze shall not
be responsible for any claimed damages, including incidental and
consequential damages, which may arise from Indiacraze’s servers
going off-line or being unavailable for any reason whatsoever.
Further, Indiacraze shall not be responsible for any claimed
damages, including incidental or consequential damages, resulting
from the corruption or deletion of any web site/database from one of
Indiacraze's servers. All damages shall be limited to the immediate
termination of service.
Indiacraze.com shall
be the sole arbiter of what is and is not a violation of these
acceptable use policies. Indiacraze reserves the right to terminate
an account at any time and for any reason that causes harm to any
India craze customer's web sites. Indiacraze reserves the right to
delete all content and files upon termination. Indiacraze reserves
the right to withhold any pre-paid funds for any site removed for
violations of these policies. Indiacraze reserves the right to
refuse, cancel, or suspend service at our sole
discretion.
Indiacraze.com
reserves all rights to change/modify/remove or adds any of the
prices, server features, timely schemes, web sites/other information
hosted by any of the customers on our server which is defined as
illegal/unsolicited use of our server space or other facilities as
and when announced.
b). Limitation of
Liability.
You understand that in
no event will Indiacraze.com or its offices, directors,
shareholders, parents, subsidiaries, affiliates, agents or licensors
be liable for any consequential, indirect, incidental, special or
punitive damages, whether in an action under contract, negligence or
any other theory, arising out of: (a) your use or inability to use
the site, (b) your reliance on any content, or (c) any goods or
sites advertised on the site; even if Indiacraze.com or any related
party has been advised of the possibility of such damages. In no
event will Indiacraze.com or its offices, directors, shareholders,
parents, subsidiaries, affiliates, agents or licensors be liable to
any damages.
Indemnification.
You agree to
indemnify, defend and hold harmless Indiacraze.com and its officers,
directors, employees, shareholders, parents, subsidiaries,
affiliates, agents, consultants and licensors from any and all third
party claims, liability, damages and/or costs (including but not
limited to reasonable attorneys' fees) arising from: (a) your
failure to comply with these Terms of Use, (b) your infringement or
violation of any intellectual property or other right of a third
party, (c) Your Posted Materials, (d) your violation of any
applicable law.
a).
JURISDICTION IN CASE OF
DISPUTES In case of any
disputes, the jurisdiction will be ONLY at Punjab (Bathinda) India
Courts.
b).Indiacraze.com reserves the right to
change the Acceptable Use Policy without prior notice or warning.
Non-enforcement of any part of the Acceptable Use Policy does not
constitute consent. Violations of these Acceptable Uses Policies
should be referred to
mailto:abuse@indiacraze.com
& all complaints will be investigated promptly.
Miscellaneous.
These Terms of Use
(and any addenda or statements expressly incorporated into these
Terms of Use that you enter into) constitute the entire agreement
between you and Indiacraze.com with respect to your use of and
access to the Site, and these Terms of Use replace all prior or
contemporaneous understandings or agreements, written or oral,
regarding your use of and access to the Site. If any provision of
these Terms of Use is found invalid or unenforceable, that provision
shall be enforced to the maximum extent possible, and the remaining
provisions of these Terms of Use shall remain in full force and
effect. The failure by Indiacraze.com to insist upon or enforce
strict performance of any provision of these Terms of Use will not
be construed as a waiver of any provision or right of
Indiacraze.com. These Terms of Use will inure to the benefit of
Indiacraze.com and its successors and assigns.
|