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Policies, Legal, & Disclaimer

Policies, Legal, Disclaimer & Terms Of Use

You the "customer"acknowledge that the Terms of service are read and accepted to use services provided are activated for you.

This agreement ("Agreement") between Binary Infotech, Pune , ("BINARY") and Customer governs the provision of BINARY's web hosting and related services (the "Services"). This Agreement is effective once Customer signs up or purchases and uses Services we provide.

By purchasing any of the Services each customer agrees to comply with the terms of service listed below. An Acceptable Use Policy is in effect for hosting service. Any violation of the AUP may result in the immediate cancellation or suspension of any or all service without warning.

Account activation
We provide instant account activation for our Cloud hosting plans. Services are activated within 2 hours in most cases however at times we may need up to 24 hours to activate the service. If you require a custom setup we may need more time to deliver it. Any account may take more time to be activated if it fails the initial payment verification . In that case, we will contact you with details and steps to complete the verification process.

Availability of website / Services
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services available at this Site on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service available at this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

Contact information
Customer agrees to keep his contact information and e-mail up to date at all times. We will use the e-mail to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information. BINARY recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.

Content and prohibited actions
Customer agrees to use the Services for lawful purposes only. BINARY prohibits the following content on our servers and network. Anything related to IRCProxy Scripts, Anything related to torrents, Starting background processes on shared servers, Warez hacking tools exploits, Porn web sites, Download oriented web sitesSites promoting illegal activities, IP Scanners, Hacker focused sites, Any account found to be in violation of anothers copyright will be expeditiously removed, 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. Customer agrees not to use our shared, reseller, VPS or dedicated servers hosting space as a storage for backups. If we find backups stored in your account they will be removed automatically. Customer is responsible to keep their accounts up to date and secure at all times. Directories must be chmod to 711 and configuration files with passwords must be chmod to 600. Scripts, plugins, modules need to be kept up to date at all times. A strong password must be used.

IP address allocation
BINARY requires justification in order to assign a dedicated IP to the Customer. Valid justification is SSL installation or installation of a service that requires to listen on a separate IP address.

Resource usage
Any account on the server cannot use more than the following CPU or memory resources. If you use too much system resources, you will be notified to take the necessary actions. If the usage is too high to keep the server unstable, we will suspend the overloading account so that it doesn't affect the other clients on the server. Customer agrees not to use the hosting service to send bulk e-mail.

Illegal Activities including but not limited to storing and/or distributing illegal copies of copyright software, hosting/maintaining inappropriate sites, violating trademarks and copyrights, violating International laws, selling and/or distributing illegal contraband; will your site, Email services suspend with immediate effect.

Internet abuse including but not limited to: spamming - mass unsolicited emailing, posting obscene or inflammatory messages, nudity, threatening other Internet users, using excessive disk space, attempting to gain access to root and other clients' accounts (hacking), unfair competition, infringement of patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy; will result in termination of your Web Account without any refunds.

Zero tolerance SPAM policy
We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our servers. BINARY offers a separate service if you need to send thousands of e- mails.Purchased mail lists, opt-in lists will be considered SPAM. BINARY reserves the right to charge a clean up fee the Customer who sent unsolicited e-mail which caused the IP of our server to be blacklisted for sending SPAM.

Customer would make sure that email services would be used for business communication only and NOT
- for sending commercial/bulk mails,
- transmitting maliocious mails,
- transmitting virus emails
- transmitting emails with the intention of threat or defaming
- to be used by automated means and mailing list.

Communication with us
BINARY communicates with their clients politely and with respect. The same is expected from our clients. If a customer is rude and insults anyone from our staff members then we will warn the customer to be polite and communicate with us properly. If he does it again after he has been warned, a fee of Rs 5000 will be generated and all his services disabled until the fee is paid in full. BINARY will not renew the services of a customer who has insulted our staff members after he has been warned via e-mail.

Backups
BINARY doesn't guarantee the existence of backups at all times and recommends the Customer to store their own backups at all times. Customer responsible for programming and for uploading the Web site to our Web servers. The client is responsible for keeping a complete and current copy of Web site files as backup on their remote system (not on BINARY servers) In case of Binary Infotech makes a contract for web site maintenance and updations, clients updated web site will be available with Binary Infotech. Technical support is provided via email, it is mandatory to send mail with reference to your account with Binary Infotech in case you seek any support.
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