Terms of Service Acceptable Usage Service Level Agreement Service Guarantee Privacy Terms of Service: Use of Bethelwebhost.com's Service constitutes acceptance and agreement to Bethelwebhost.com's AUP (Acceptable Use Policy) as well as Bethelwebhost.com's SLA (Service Level Agreement). From herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to Bethelwebhost.com, the usage of "you", "your", "they", "them" shall refer to client / customer of Bethelwebhost.com. 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 Bethelwebhost.com, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed. 2. Bethelwebhost.com 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, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. What may NOT be hosted on our network: *Warez *IRC *Pornography *Copyrighted media, includes but not limited to: Video, Music, TV, Radio *Hacking tools / material *Anything that may harm us, the server, or anyone else (mentally, physically) Network Uptime is the total time in a calendar month that Bethelwebhost.com network is available through the Internet, provided that Client has established connectivity. Bethelwebhost.com takes responsibility for Network availability within their 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% 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 Bethelwebhost.com's Network as confirmed by Bethelwebhost.com. 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 Bethelwebhost.com 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 with a minimum of 12- 24 hours notice. SLA Network Violation Credit see: Bethelwebhost.com's Service Level Agreement Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: Scheduled downtime. Problems outside of Bethelwebhost.com'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, 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. Payments and Fees Payment is due every 12 months by mode of payment option mentioned in Web Order Form, an invoice will be raised and can be paid according to the instruction given, please note that service may be suspended on accounts that reach 10 days past due, We do not charge late or re-connection fees. Delinquent Accounts Bethelwebhost.com 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. Account Cancellation All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to hep@bethelwebhost.com include your domain name, username in your email. Refunds and Disputes All payments to Bethelwebhost.com are non refundable (unless covered by 30-day Money Back Guarantee). This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. 30 Day Money Back Guarantee All hosting plans come with a 30 day money guarantee. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company, we will not deduct ANY fee. Bethel Web Hosting Solutions Pvt Ltd (bethelwebhost.com) June 1, 2006 Acceptable Usage Policy: Bethel Web Hosting Solutions Pvt Ltd (hereafter referred to as Bethelwebhost.com) is dedicated to providing an all round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Bethelwebhost.com will be the sole arbiter as to what constitutes a violation of any of these provisions. Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension. To report suspected abuses or any violations of these policies, please contact abuse@bethelwebhost.com Illegal Usage Bethelwebhost.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Bethelwebhost.com service agrees to indemnify and hold harmless Bethelwebhost.com from any claims resulting from the use of the service that damages the subscriber or any other party. Bethelwebhost.com will be the sole arbiter as to what constitutes a violation of this provision. Adult Content Legal Adult Content which is Parents Rated and educative purpose is allowed Security Violations of system or network security are prohibited, and may result in criminal and civil liability. 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, 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 email or a newsgroup posting. Server Resource Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. Bethelwebhost.com shall be the sole arbiter of what is considered to be a high server usage level. Chat Rooms Bethelwebhost.com does not provide chat room software. You may elect for a Dedicated Server to Run a chat room efficiently Background Running Programs Bethelwebhost.com does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. IRC Bethelwebhost.com does not allow IRC or IRC bots to be operated on our servers. Backups Bethelwebhost.com Server Network performs daily backups on all servers to ensure critical files are never lost. However Bethelwebhost.com is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy. 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 Bethelwebhost.com'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 a 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 Bethelwebhost.com to provide this knowledge or support outside matter specific to Bethelwebhost.com servers. UCE (Unsolicited Commerce Email) - SPAM Spamming, or the sending of mass unsolicited email, from or through a Bethelwebhost.com server or using an email address that is maintained on a Bethelwebhost.com machine is STRICTLY prohibited. Bethelwebhost.com will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Bethelwebhost.com server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of Rs.5000.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details. Server abuse Any attempts to undermine or cause harm to a Bethelwebhost.com server or customer of Bethelwebhost.com is strictly prohibited. Any sub-networks of Bethelwebhost.com and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice. Software Distribution Bethelwebhost.com's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@bethelwebhost.com for a special arrangement. Multimedia Files Multimedia files are defined as any graphics, audio, and video files. Bethelwebhost.com's Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files. Domain Names Bethelwebhost.com will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Bethelwebhost.com does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. Actions Taken by Bethelwebhost.com The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Bethelwebhost.com will be the sole arbiter as to what constitutes a violation of the AUP. Bethelwebhost.com reserves the right to remove any account without prior notice. When Bethelwebhost.com becomes aware of an alleged violation of its AUP, Bethelwebhost.com will initiate an investigation. During the investigation, Bethelwebhost.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Bethelwebhost.com may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Bethelwebhost.com will notify the appropriate law enforcement authorities of such violation. Bethelwebhost.com does not issue credits for outages incurred through service disablement resulting from AUP violations. Bethelwebhost.com customers agree to indemnify and hold harmless Bethelwebhost.com from any claims resulting from the use of our services that damages them or any other party. The Bethelwebhost.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Bethelwebhost.com expressly disclaims any representation or warranty that the Bethelwebhost.com service will be error-free, secure or uninterrupted. No oral advice or written information given by Bethelwebhost.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Bethelwebhost.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Modification Bethelwebhost.com reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Refusal Of Service We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason. Bethel Web Hosting Solutions Pvt Ltd June 1, 2006 Service Level Agreement: COVERAGE This Web Site Availability Service Level Agreement applies to you if you have ordered ANY hosting plans ("Service") and you are in good financial standing with Bethelwebhost.com. SERVICE LEVEL Bethelwebhost.com endeavors to have network connectivity available for http access by third parties 99% of the time ("Web Site Availability"). RESTRICTIONS Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) Scheduled maintenance, (ii) Your behavior or the performance or failure of your equipment, facilities or applications, or (iii) Circumstances beyond Bethelwebhost.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site. LIMITATIONS On-line problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to Bethelwebhost.com. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and Bethelwebhost.com, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience. Bethel Web Hosting Solutions Pvt Ltd June 1, 2006 Service Guarantee: The Bethelwebhost.com Guarantee If you are unhappy with our service at anytime in the 30-days after sign-up we'll give you a full refund of hosting fees and your welcome to take your website to another host. [details] We will always try our Best Level to answer the phone. [contact us] We will always deal with your enquiries quickly and professionally. We will never send you SPAM, share or sell your personal information. [privacy] Emails sent to our Sales, Support or Billing Departments will firstly receive an automated response from our server. A personal response will be made to your email within 6 to 72 hours of receipt. There are *NO Contracts *NO Hidden Costs, *NO Setup Fees *NO Advertising *NO Banners or Pop-Ups But there definitely is 99% Uptime, Reliable Service and full support by Bethelwebhost.com's Experienced Professionals. Bethel Web Hosting Solutions Pvt Ltd June 1, 2006 Privacy: Privacy Policy - Our commitment to protect your privacy Bethelwebhost.com seeks to provide the best possible service to its customers and website owners. We understand how important it is to protect your personal information. This document sets out our privacy policy commitment in respect of personal information that you may provide to us. Our Privacy Policy ensures your right to privacy as we recognize that any personal information we may collect about you will only be used for the purposes indicated in our policy. It is important to us that you are confident that any personal information we collect from you or is received by us, will be treated with appropriate respect ensuring protection of your personal information. Personal Information When we refer to personal information we mean information that we directly collect from you, from which your identity is apparent. This information may include information or an opinion about you, from which your identity can reasonably be ascertained. Why do we collect your Personal Information? We collect and receive personal information from our customers to contact you regarding our service status or for billing related issues and to provide you with up to date information on our services and the current state of your account(s) with us. From time to time we may offer other products and services. We may display your website address on our website or on our promotional material to our potential customers. We may use your personal information for credit worthiness check, statistical and marketing analysis purposes, and research and development purposes. How do we collect your Personal Information? We collect your personal information during your sign up process to our service or to our affiliate / partnership program through our application forms. You may review and update your personal information at anytime by accessing our web site using your username and password. (Domain Registration Control Panel) To whom will you disclose Personal Information? Where possible, we will inform you, at or before the time of collecting your personal information, the types of organizations that we intend to disclose your personal information to. Sometimes we are required or authorized by law to disclose your personal information. Circumstances in which we may disclose your personal information would be to a Court or Tribunal in response to a request or in response to a subpoena. We may collect details from or disclose your personal information to credit or fraud agencies or debt recovery agencies for verification or debt collection purposes. When required, we may disclose your personal information to other organizations for the purpose of fulfilling a your service request. We may also disclose your personal information to our professional advisors, including our accountants, auditors and lawyers, or to other organizations involved in sale or transfer of our assets. Direct Marketing From time to time we may use your personal information to provide you with current information about our services, special offers you may find of interest, changes to our organization, or new products or services being offered by us or any company we are associated with, seminars, and conventions. If you do not wish to receive marketing information, you may at any time decline to receive such information by emailing sales@bethelwebhost.com We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity. Updating your Personal Information It is important to our relationship that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we will ask you to inform us if any of your personal information has changed. If you wish to make any changes to your personal information, you may access our User website, enter your username and password or contact us. We will generally rely on you to assist us in informing us if the information we hold about you is inaccurate or incomplete. Access to your Personal Information We will provide you with access to your personal information we hold about you. You may request any additional personal information we hold about you at any time. To access personal information that we hold about you use the contact details specified above or alter your details through the website, using your username and password. Denied access to Personal Information There may be situations where we are not required to provide you with access to your personal information. For example, such a situation would be information relating to an existing or anticipated legal proceeding with you, or if your request is vexatious. An explanation will be provided to you, if we deny you access to your personal information we hold. Business without Identifying You In most circumstances it will be necessary for us to identify you in order to successfully do business with you, however, where, it is lawful and practicable to do so, we will offer you the opportunity of doing business with us, without providing us with personal information. Such a situation would be where you make general inquiries about our services or current promotional offers. Where sensitive information is collected, stored, used or transferred about you, we will only use this information if you have consented or in the exercise or defense of a legal claim or as required by law. Sensitive information is information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional association or trade unions, sexual preferences, criminal record, or health. How safe and secure is the Personal Information we hold about you? We will take reasonable steps to protect your personal information by storing it in a secure environment. We may continue storing your personal information even after you have terminated your relationship with us. We will also take reasonable steps to protect any personal information from misuse, loss and unauthorized access, modification or disclosure. Storage and access of the data on our servers Due to the nature of our services, we may hold or store your data on our servers. This can be in the form of email messages, attachments, files, or databases. We will not reveal such data to any third party, unless required by the applicable law. We may transfer your data for backup and disaster recovery purposes. Such copies will be treated with the same confidentiality as its originals. Due to the nature of the shared hosting service, you should be aware and acknowledge that your data on our shared hosting service, can potentially be accessed by other customers. Further Information You may request further information about the way we manage your personal information by writing or emailing. Change in our Privacy Policy We are constantly reviewing all of our policies and attempt to keep up to date with market expectations. Technology is constantly changing, as is the law and market place practice. As a consequence we may change this privacy policy from time to time or as the need arises Bethel Web Hosting Solutions Pvt Ltd June 1, 2006 |