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Terms of
Services |
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Introduction:
All Pictures, Logos, Banners, Buttons, Text, Concepts, etc.
are property of their originators and/or current copyright
holders. If you did not create it, and if you did not obtain
the right to copy and display it, then you have no right to
use somebody else's creation. Sehrawala Technologies will
not claim any more responsibility for what is on your sites
than the phone company that sells you access to the phone
network. However, if there is a complaint of copy
infringement and if you can not prove to Sehrawala
Technologies’s satisfaction that you have the right to
display the material under dispute, then Sehrawala
Technologies may cut files or directories or terminate your
account. Material such as pirated software, cracks, key
generators and software serials are not allowed as online
content, and finding such files will cause the immediate
contract termination without refund. |
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1) |
Financial Arrangements: |
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Client agrees to a monthly or annual
payment contract for Windows or Linux hosting as
specified in the respective hosting plan. Initial
payment is due at or prior to the start of the contract.
Overdue accounts will be charged 0.005% per day,
computed daily, until payment is received. Accounts
overdue 30 days will be terminated. Sehrawala
Technologies offers a 7-Day Money Back Guarantee on all
our web hosting plans. If for any reason the client is
not satisfied with the web hosting plan, he may cancel
the account within seven (07) days of the account
creation date and receive a refund of the monthly
service fees associated with your account. |
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If the client cancels the account within
7 days of account the monthly fee as well as the setup
fee will be refunded. All cancellation and refund
requests must be made by the account holder, and shall
be effective upon receipt by Sehrawala Technologies.
Refunds will not include any other charges incurred by
the customer, including: domain name registration fees
and additional service charges (monthly data transfer,
additional disk space, additional email accounts, etc.) |
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2) |
Taxes: |
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Sehrawala Technologies shall not be
liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client
via Sehrawala Technologies servers. Client agrees to
take full responsibility for all taxes and fees of any
nature associated with any products or services sold or
bought. |
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3) |
Material and Products: |
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a) |
Client will provide Sehrawala Technologies with
material and data in a condition that is
"server-ready", which is in a form requiring no
additional manipulation on the part of Sehrawala
Technologies. Sehrawala Technologies shall make no
effort to do spell-checks, grammar-checks or
validate the files uploaded by clients for content,
usability, style, fashion. Color-coordination,
Religious, Political or Environmental Correctness. |
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b) |
Sehrawala Technologies will not normally exercise
any control whatsoever over the content of the
information passing through the network. As long as
there are no complaints or criminal charges against
the client, Sehrawala Technologies only concern is
the reliability and speed at which we can serve the
client's data. If there are sufficient complaints to
warrant inspection of the client’s data, and if such
data is found to be in violation of this agreement,
then the client shall be billed for the amount of
tech time involved in checking and removing the
offending material. Sehrawala Technologies will be
the sole and final judge in determining whether any
material that is causing complaints or other
problems should be deleted for the good of the
entire server and the rest of the clients. It is up
to the client to ensure that any and all materials
that can be accessed by the public via their site on
any Sehrawala Technologies server comply with the
Laws, Codes, Requirements, restrictions and
guidelines effective in the country of the client
and in the USA and other countries. Sehrawala
Technologies makes no warranties or representations
of any kind, whether expressed or implied for the
service it is providing. Sehrawala Technologies also
disclaims any warranty of merchantability or fitness
for particular purpose and will not be responsible
for any damages that may be suffered by the Client,
including loss of data resulting from delays, no
deliveries or service interruptions by any cause or
errors or omissions of Sehrawala Technologies or any
intermediaries. |
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Use of any information obtained by way of Sehrawala
Technologies is at the Client's own risk, and
Sehrawala Technologies specifically denies any
responsibility for the accuracy or quality of
information obtained through its services. Sehrawala
Technologies does not know, -or care-, if any
material shown on any Sehrawala Technologies powered
website contains accurate descriptions of any
product or service sold by anybody, or if it is pure
humor or anything in between. Connection speed
represents the speed of a connection between the
server and the Internet and the Internet to an end
user. It does not represent any guarantees of
available end to end bandwidth. Sehrawala
Technologies expressly limits its damages to the
Client for any non-accessibility time or other down
time to the pro- rata monthly charge during the
system unavailability if the cause for system
unavailability is non-functioning of an Sehrawala
Technologies server. Sehrawala Technologies
specifically denies any responsibilities for any
damages arising as a consequence of such
unavailability. In the event that any client
supplied data or material is not "Server-ready",
Sehrawala Technologies may, at its option and at any
time, reject this material, including but not
limited to after it has been put on Sehrawala
Technologies's Server. Sehrawala Technologies agrees
to attempt to notify Client of its refusal of the
material and afford Client the opportunity to amend
or modify the material to satisfy the needs and/or
requirements of the Internet in general and
Sehrawala Technologies in particular. |
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If
the Client can not be contacted within a reasonable
period of time or fails to modify the material, as
directed by Sehrawala Technologies, within a
reasonable period of time, which shall be determined
between the parties themselves, the Agreement shall
be deemed to be terminated. The period of time
deemed reasonable depends on the urgency of the
situation and Sehrawala Technologies shall be the
sole judge of that. "Server-ready" has nothing to do
with spelling, grammar, accuracy, style, political
or environmental correctness, funny-ness, color,
taste or flavor. Server-ready means that the HTML
and CGI material is written in such a manner that it
will display on a viewer's browser in the manner
that the CLIENT intends it to be displayed. |
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c) |
Use of Sehrawala Technologies'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 Customer's Web space by the
Customer |
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The following examples are offered: |
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Web Publishing: |
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Requires a knowledge of HTML, properly locating and
linking documents, FTP Web space contents, Graphics,
Text, Sound, image mapping, etc. |
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CGI-Scripts: |
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Requires a knowledge of the UNIX environment, TAR &
GUNZIP commands, Pearl, CShell scripts, GNU C
compiler, permissions, etc. The Customer agrees that
he or she has the necessary knowledge to create
Customer's WebPages. Customer agrees that it is not
the responsibility of Sehrawala Technologies to
provide this knowledge or Customer Support outside
of the defined service of Sehrawala Technologies. |
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4) |
Trademarks & Copyrights: |
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Clients warrant that they have the right
to use the applicable trademarks, if any, which are
displayed in their material, and grant Sehrawala
Technologies the right to use such trademarks in
connection with Sehrawala Technologies's Server service
on behalf of the clients. In plain English: If you use
any copyrighted or trademarked materials you need to
have permission to do so, even if you have to pay for
that. However, you can not bill us usage fees for
serving those items on your behalf. |
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5) |
Hardware, Equipment & Software: |
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The customer is responsible for and must
provide all telephone, computer, hardware and software
equipment and services necessary to access Sehrawala
Technologies. Sehrawala Technologies makes no
representations, warranties or assurances that the
Customer's equipment will be compatible with the
Sehrawala Technologies service. |
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6) |
Age: |
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The Customer certifies that he or she is
at least 18 years of age. |
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7) |
Sex
Related Content: |
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Sehrawala Technologies does not host
adult sites. While it would be impossible for us to
check every webpage of every client, if there are any
complaints, we are required to act. Some nudity is
generally allowed if it is in good taste and context
like fine-art paintings, but any pornography and
especially Child pornography will result in instant
deletion of content and will be considered deliberate
breach and termination of the contract. Sehrawala
Technologies will be the ONLY and final judge in this
matter. |
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8) |
Internet Etiquette: |
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Electronic forums such as mail
distribution lists and Use Net news groups all have
expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be
considerate of the expectations and sensitivities of
others on the network when posting material for
electronic distribution. The network resources of
Sehrawala Technologies may not be used to impersonate
another person or misrepresent authorization to act on
behalf of others or on behalf of Sehrawala Technologies.
All messages transmitted via Sehrawala Technologies
should correctly identify the sender; users may not
alter the attribution of origin in electronic mail
messages or posting. |
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Users may not attempt to undermine the
security or integrity of computing systems or networks
and may not attempt to gain unauthorized access to ANY
computing system If a client has been found to have
gained unauthorized access or breached any servers
security, on any server anywhere, then they have broken
this contract and service to them will be terminated..
Every client is expected to respect other client’s
privacy and every client agrees that any venturing into
other clients areas via FTP or Telnet is subject to
instant termination of the contract without refund. The
Client hereby grants Sehrawala Technologies the right to
terminate the Client's account without issuing a refund
for unused time, if it is found that the Client has used
the facilities of Sehrawala Technologies for illegal
activities. |
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9) |
Termination & Acceptable Use Policies: |
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This Agreement may be terminated by
either party, without cause, by giving the other party
30 days written notice. In such event, Sehrawala
Technologies will refund to the Client an amount
proportional to any prepaid full months of unused
service excluding any hosting and/or setup charges. Used
up hosting and/or setup charges will never be
refundable.
If Sehrawala Technologies or it's staff
find that a client has placed online pornography, given
out passwords, engaged in spamming *, snooped in other
clients or maintenance areas of the server, stashed
files in areas not assigned to them, engaged in any
server disruption or hacking activity, used the server
to attack other IP's with denial of service or flooding,
installed IRC bots, BNC, or other security hazardous
programs, Harassing others by 'mail-bombing' or
'news-bombing', uses the server to promote hatred or
prejudice including racism, uses the server for illegal
activities of any kind in any region, uses the server to
distribute pirated software, cracks and keygens, uses
the server to distribute viruses, trojans or other
malicious files, fails to prove ownership or copyright
of displayed content, exceeds agreed and paid limits for
web space usage, fails to pay for their space or
services by the due date, then the client hereby agrees
that Sehrawala Technologies shall terminate that clients
account immediately and use any leftover prepaid amounts
as a fine due because of that offense. Sehrawala
Technologies reserves the right to cooperate with legal
authorities and/or injured third parties in the
investigation of any suspected crime or civil wrong. |
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Spamming: |
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Spamming is illegal. It makes no
difference whether you abuse the facilities of our
servers to spam or whether you use some off-site
contract spammer. As long as your site and / or your
Sehrawala Technologies based site or your email address
is mentioned in spam, then the law considers your site
to be involved in that spam and we are required to take
appropriate steps to stop you from continuing to break
the law. Spamming include posting or emailing of scams
such as 'make-money-fast' schemes, and unsolicited
e-mails to more than 50 recipients sent on the same day. |
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If the client cancels the account within
7 days of account the monthly fee as well as the setup
fee will be refunded. All cancellation and refund
requests must be made by the account holder, and shall
be effective upon receipt by Sehrawala Technologies.
Refunds will not include any other charges incurred by
the customer, including: domain name registration fees
and additional service charges (monthly data transfer,
additional disk space, additional email accounts, etc.) |
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10) |
Limited Liability: |
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a) |
Client expressly agrees that use of Sehrawala
Technologies Server is at Client's sole risk. Client
agrees to hold Sehrawala Technologies, it's owners,
employees, affiliates, agents, contractors and
subcontractors blameless in any dispute and/or
event. Information providers, merchants, licensers
or the like, warrant that Sehrawala Technologies's
Server service will not be uninterrupted or error
free; nor do they make any warranty as to the
results that may be obtained from the use of the
service or as to the accuracy, reliability or
content of any information service or merchandise
contained in or provided through the Sehrawala
Technologies service, unless otherwise expressly
stated in this Agreement. |
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b) |
Under no circumstances, including negligence, shall
Sehrawala Technologies, its offices, agents or any
one else involved in creating, producing,
maintaining or distributing Sehrawala Technologies's
Server service be liable for any direct, indirect,
incidental, special or consequential damages that
result from the use of or inability to use the
Sehrawala Technologies Server service; or that
results from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in
operation, or transmission or any failure of
performance, whether or not limited to acts of God,
communication failure, theft, destruction or
unauthorized access to Sehrawala Technologies's
records, programs or services. Client hereby
acknowledges that this paragraph shall apply to all
content and services of Sehrawala Technologies. |
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Notwithstanding any of the above, Client's exclusive
remedies for all damages, losses and causes of
actions whether in contract, tort, including
negligence or otherwise, shall not exceed the
aggregate dollar amount which Client paid during the
current payment period and that has not been used up
by that time. Client hereby agrees to pay any
reasonable attorney's fee and court costs which
Sehrawala Technologies may incur in any dispute with
the client. |
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Lawful
Purpose: |
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Client may only use Sehrawala
Technologies's Server for lawful purpose. Transmission
of any material in violation of any Federal, State or
Local regulation is strictly prohibited. This includes,
but is not limited to copyrighted material, material
legally judged to be threatening, obscene or slanderous,
or material protected by trade secrets and/or
copyrights. |
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Indemnification: |
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Client agrees that it shall defend,
indemnify, save and hold Sehrawala Technologies harmless
from any and all demands, liabilities, losses, hassles,
costs and claims, including all attorneys' fees,
liabilities asserted against Sehrawala Technologies, its
agents, its customers, servants, officers and employees,
that may arise or result from any service provided or
performed or agreed to] be performed or any product sold
by Clients, agents, employees or assigns. Client agrees
to defend, indemnify and hold harmless Sehrawala
Technologies against Liabilities arising out of |
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any injury to persons or property caused by any
products sold, advertised, criticized or mentioned
on material displayed on an Sehrawala Technologies
server |
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II. |
any material supplied by Client infringing or
allegedly infringing on the proprietary rights of a
third party; |
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III. |
copyright infringement and |
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any defective product which Client sold on WebPages
served by a Sehrawala Technologies Server. |
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Don't count on us to arbitrate in a
dispute with a client. We simply provide the web space.
What you write on it and how your clients interpret that
is strictly between you and your clients. |
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Reseller's Responsibilities: |
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Resellers and VAR's are responsible for
their clients and their client's behavior, actions,
web-content, help requirements and financial
obligations. |
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Consulting & Tech Support: |
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Any information, advice, concept or idea
that is given to a client may have been given to other
clients before and may be given to other clients in the
future. It is up to the client to make use of that
information in a timely manner and no client shall
expect that any such information will be theirs
exclusively for any specific amount of time. |
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Plain English Summary: |
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Don't copy or scan without permission.
The Internet Community recognizes the rights of creators
even when no official and specific copyright
registration has been filed. If there are sufficient
complaints, then Sehrawala Technologies staff may
inspect a website and if it is found that the displayed
material promotes hate, discrimination of any kind, or
any illegal activity such as (-but not limited to-)
child pornography, copyright infringements, slander,
etc, then Sehrawala Technologies staff may delete such
content without prior warning and if the case is serious
enough, may terminate the Client's account without
refund or compensation. By using a web account on any
Sehrawala Technologies server, the client agrees to
abide by the above rules and regulations. If we find
that Clients used their site in any manner that
contravenes the policies of Sehrawala Technologies or in
a manner that in our opinion makes the Internet in
general and/or Sehrawala Technologies in particular look
bad, then the Clients have failed to comply with the
terms of this agreement and it will be considered that
the client has thereby voluntarily and purposely
terminated their account. Notwithstanding any of the
above, the client hereby acknowledges the right of
Sehrawala Technologies to terminate service to the
client under this Agreement at any time, without
penalty, if the Client fails to comply with the terms of
this Agreement. |
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Overdue accounts will be charged 0.005%
per day, computed daily, until payment is received.
Accounts overdue 30 days will be terminated. |
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