Agreement

This is an agreement between you and Dhruv Web Media regarding your use of Dhruv Web Media’s Servers, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Dhruv Web Media makes the services offered by Dhruv Web Media available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the ” Dhruv Web Media ” web hosting or similar services. Under this Agreement, you must comply with Dhruv Web Media ‘s then-current “Acceptable Use Policy,” as updated from time to time by Dhruv Web Media, which can be viewed at the AUP section PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. Dhruv Web Media will host an account for you, the Hirer (hereafter referred to as the Account Holder), for the Account Holder’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract shall be renewed at the end of the Term and each successive renewal term, unless terminated. Till the time the Account Holder has not paid for the invoice/s raised by Dhruv Web Media, the services rendered by Dhruv Web Media shall be provisional and liable to be withdrawn at the sole discretion of Dhruv Web Media without giving any notice in any form. The invoice raised is to treated as notice.
2. Dhruv Web Media services are 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. Dhruv Web Media expressly disclaims any representation or warranty that the Dhruv Web Media services will be error-free, secure or uninterrupted. No oral advice or written information given by Dhruv Web Media, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images/ material/ content containing pornography or any other thing which is objectionable/ prohibited. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Dhruv Web Media, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Dhruv Web Media based upon the severity of the violation. Dhruv Web Media reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of Dhruv Web Media’s then current Acceptable Use Policy, in the sole and absolute opinion of Dhruv Web Media. Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Dhruv Web Media from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Dhruv Web Media, (collectively, Claims) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement.
4. The Account Holder agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Dhruv Web Media will not change passwords to any account without proof of identification, which is satisfactory to Dhruv Web Media, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Dhruv Web Media will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Dhruv Web Media be liable for any losses incurred by Account Holder during this time of determination of rights as Hirer, or otherwise. The Account Holder agrees to indemnify and hold harmless Dhruv Web Media from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
5. The Account Holder agrees not to harm Dhruv Web Media, its reputation, computer systems, programming and/or other persons using Dhruv Web Media’s services. Dhruv Web Media reserves the right to select the server for Account Holder’s website. The Account Holder understands that the services provided by Dhruv Web Media are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If in opinion of Dhruv Web Media, the Account Holder’s website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it’s website. If the Account Holder refuses to comply, then Dhruv Web Media has the right to withdraw and terminate the services provided to the Account Holder. The Account Holder agrees to indemnify and hold harmless Dhruv Web Media and any other Account Holder from any and all Claims resulting from the Account Holder’s use of the services provided by Dhruv Web Media The terms of this Section will survive any termination of this Agreement.
6. The Account Holder’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Dhruv Web Media.
7. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Dhruv Web Media has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Dhruv Web Media Acceptable Use Policy. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Dhruv Web Media / Webmaster/ any authority, Dhruv Web Media shall terminate the services being provided to the Account Holder.
8. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Dhruv Web Media be liable to the Account Holder for any damages resulting from or related to any failure or delay of Dhruv Web Media in providing access to the Internet under this Agreement. In no event shall Dhruv Web Media be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Dhruv Web Media under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
9. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. Dhruv Web Media account shall not be transferred without prior written approval from Dhruv Web Media The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of the Dhruv Web Media services, including any damages resulting there from, until the Account Holder notifies Dhruv Web Media ‘s customer service.
10. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute or difference, which cannot be so resolved, arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties. Arbitration shall take place in New Delhi, India. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
11. Dhruv Web Media may include the Account Holder’s name and contact information in directories of Dhruv Web Media service subscribers for the purpose promoting the use of the services by additional potential clients. By this agreement you authorized to Dhruv Web Media to change, modify , search your account at any time and situation without informing you , and all its data including domain details, mails and website contents and Dhruv Web Media will not be responsible for any types of loss for above said work.
12. The interpretation and enforcement of this Agreement shall be governed according the laws of the State of New Delhi. The Account Holder hereby consents to personal jurisdiction in the courts of New Delhi, India for any action arising out of or relating to the Account Holder’s use of the Dhruv Web Media services. The courts of New Delhi, India will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.

Acceptable Use Policy (AUP)

By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Dhruv Web Media reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use

Dhruv Web Media servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, 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 or any other laws. Examples of non-acceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Mp3” or viruses in any form.

We will be the sole arbiters as to what constitutes a violation of this provision.

System and Network 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 e-mail or a newsgroup posting.

It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account or resale of access to CGI scripts installed on our servers.

Tortious Conduct

No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.

It is contrary to Dhruv Web Media policy for customers to use our servers to effect or participate in any of the following activities :

1 To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list.

2 To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients.

3 To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Dhruv Web Media provided server, or using a Dhruv Web Media provided server as a mail drop for responses.

4 To falsify user information provided to Dhruv Web Mediaor to other users of the service in connection with use of a Dhruv Web Media service.

5. To stop illegal activities by using our server like spamming, cheating, fraud, pornography mean any illegal activities which break the Indian Law, Dhruv Web Media reserve the rights to suspend/terminate the service without prior notice and no amount is refundable. To ensure that no illegal activities are going on through our web server we Dhruv Web Media can check/ search your server data including mails at any time without informing you. Delhi (India) jurisdiction will apply for any types of dispute.
By this agreement you authorized to Dhruv Web Media to change, modify , search your account at any time and situation without informing you , and all its data including domain details, mails and website contents and Dhruv Web Media will not be responsible for any types of loss for above said work.

Consequences of Violation

When Dhruv Web Media becomes aware of an alleged violation of its Acceptable Use Policy, Dhruv Web Media will initiate an investigation. During the investigation, Dhruv Web Media may restrict the Customer‘s access to prevent further possible unauthorized activity. Depending on the severity of the violation, Dhruv Web Media may, at its sole discretion, restrict, suspend, or terminate the Customer’s account and/or pursue other remedies. If such a violation is a criminal offense, Dhruv Web Media will notify the appropriate law enforcement department of such a violation.

Dhruv Web Media does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Modification

Dhruv Web Media reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations Dhruv Web Media’s policy may contact via e-mail: dhruvmedia@gmail.com

इस अग्रीमेंट के द्वारा आप ध्रुव वेब मीडिया को किसी भी समय व् किसी भी परिश्तिथि में , बिना आपको जानकारी दिए आपके डोमेन एकाउंट्स, होस्टिंग एकाउंट्स , emails के मॉडिफिकेशन , पासवर्ड बदलने और वेबसाइट के contents को बदलने के लिए अधिकृत करते है |

By this agreement you authorized us for making any modification, changes in your website,  domain, hosting accounts, change password of your emails and website without your permission at any time.

1. Domain registration, web hosting, maintenance is for 1-year period. After 1 year, renewal is required for each service. Any types of changes in the email and website will be charge extra cost after going live the website on Internet.

2. Dhruv Web Media will not be liable for any damages (including damages of your business/ your profit /loss of business projects/ loss of profits) arising in contract or otherwise from the use of or inability to use any website or any of its contents, hosted on any of Dhruv Web Media servers or arising due to any given services provided by the Dhruv Web Media

3. Dhruv Web media shall not be responsible for any legal liability or loss arising out of all the claims, conflicts or any legal proceedings arising out of the information/ data/text/software/music/ sounds/images/ graphics/ videos/ messages / or any other material (content) hosted on website or privately transmitted through emails. In case of any damages to Dhruv Web Media out of above your action you shall indemnify the loss to Dhruv Media. You shall undertake the sole responsibility to take necessary action under any conflicts or legal proceeding arising out of all the claims, conflicts or any legal proceedings arising out of the information/ data/text/software/music/sounds/images/graphics/ videos/ messages / or any other material (content) hosted on website or privately transmitted through emails. Dhruv Web Media shall not be responsible for any claim conflicts or legal proceeding.

4. Dhruv Web Media will not be responsible for any type of data, email lost of your website, emails due to spamming, hacking, viruses attack, technical failure, server hardware problem and any types of illegal method which would harm the data. So you are advised to take email backup on regular basis as we do not keep backup of your data. It will be the duty of clients to keep the backup of his website, email, server data etc.

5. To stop illegal activities by using our server like spamming, cheating, fraud, pornography mean any illegal activities which break the Indian Law, Dhruv Media reserve the right to suspend/terminate the service without prior notice and no amount is refundable. To ensure that no illegal activities are going on through our web server we can check/ search your server data including mails at any time without informing you. Delhi (India) jurisdiction will apply for any types of dispute.

6. Any delay in releasing the payment would cause termination of our service including emails, web hosting etc. Once the domain expires all the services will be stopped and all your server, email data will be lost. So it is client’s duty to renew the website / services 7 days before the due date. Amount once paid will not be refunded.

7. Dhruv Web Media reserves the right to add or change the above terms and conditions as and when required without giving any prior notice or assigning any reasons thereof and it is your responsibility as a user to refer to the terms on accessing this service. Changes made by us will be deemed to have been accepted, if you continued to use the service thereafter.