The use of services from India Web Solutions (hereinafter "India Web Solutions", "IWS", "we" or "us") constitutes agreement to these terms. You may view our Privacy Policy here.

1. Account Setup / Primary Email

We will setup your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

If you have a domain name registered with India Web Solutions, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. India Web Solutions is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email to helpdesk@indiawebsolutions.com.

Providing false contact information of any kind may result in the termination of your account.

2. Payment Information

You agree to supply appropriate payment for the services received from India Web Solutions, in advance of the time period during which such services are provided. You agree that until and unless you notify India Web Solutions of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended.

Any invoice that is outstanding for 7 days and not paid will result in a Rs.500 late fee and/or an account suspension until account balance has been paid in full. The Rs.500 late fee is applied in addition to whatever else is owed to India Web Solutions for services rendered. India Web Solutions may suspend or terminate service upon the failure of the client to pay the charges when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges and any collection fees.

India Web Solutions reserves the right to change the monthly/yearly payment amount and any other charges at anytime.

3. Content

All services provided by India Web Solutions may only be used for lawful purposes. The laws of the Republic of India apply.

The customer agrees to indemnify and hold harmless India Web Solutions from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be suspended, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@indiawebsolutions.com with the information and your contact details.

Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

India Web Solutions reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

India Web Solutions reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of India Web Solutions.

5. Backups & Data Loss

Your use of the service is at your sole risk. Our backup service is provided to you as a courtesy. India Web Solutions is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on India Web Solutions servers.

6. Money Back Guarantee

India Web Solutions offers a 45 -Day Money Back Guarantee to all new customers on all it's shared web hosting plans. This guarantee allows new client to purchase India Web Solution's shared hosting services with full confidence and zero-risk. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared hosting plans and does not apply to reseller plans, dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Terminated/suspended accounts are not eligible for this guarantee if the termination/suspension occurred due to a violation of this TOS.

7. Uptime Guarantee

India Web Solutions guarantees that your website will be up and running at least 99.99% of the time during any 12-month period. This guarantee includes, server uptime, web server and service uptime. It does not cover any areas where India Web Solutions has no direct influence, such as backbone provider failures, network uptime, fibre-optic main line cuts, DNS or Registrar issues with client's domain name, routing issues between client location and India Web Solutions data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that India Web Solutions cannot directly influence.

8. Indemnification

Customer agrees to indemnify and hold harmless India Web Solutions, India Web Solutions’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

9. Disclaimer of Warranties

India Web Solutions DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW India Web Solutions DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

10. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF India Web Solutions AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.