Easy Digital Village Softech Pvt Ltd (“we”, “us”)
provides Colocation Services, Dedicated Servers and other Data Center Related
services together with such other services as are agreed between it and the
customer (“the Services”).
1. Conditions : By subscribing to any of the Services and
opening an account with us (“the Account”) you (“the
Customer”) agree to be bound by these terms and conditions. These terms
and conditions apply to all Easy Digital Village Softech Pvt Ltd accounts. They set out the basis on which
we offer our services and should be read carefully.
All information displayed, transmitted or carried on Easy Digital Village Softech Pvt Ltd. INDIA is
protected by copyright and other intellectual property laws.
This site is designed, updated and maintained independently by Easy Digital Village Softech Pvt Ltd The
content is owned by Easy Digital Village Softech Pvt Ltd. INDIA You may not modify, publish, transmit,
transfer, sell, reproduce, create derivative work from, distribute, repost,
perform, display or in any way commercially exploit any of the content.
Easy Digital Village Softech Pvt Ltd disclaims all warranties or conditions, whether
expressed or implied, (including without limitation implied, warranties or
conditions of information and context). We consider ourselves and intend to be
subject to the jurisdiction only of the courts of New Delhi, India.
Easy Digital Village Softech Pvt Ltd reserves the right, in its sole discretion, to suspend
or cancel the service at any time if a computer virus, bug, or other technical
problem corrupts the security, or proper administration of the service.
Easy Digital Village Softech Pvt Ltd Values the privacy of information pertaining to its
associates. We do not use or disclose information about your individual visits
to our website or any information that you may give us, such as your name,
address, email address or telephone number, to any outside sources.
Easy Digital Village Softech Pvt Ltd reserves the right to refuse service to anyone at any
time.
Easy Digital Village Softech Pvt Ltd will not use information about you without your
permission and will provide the means for you to manage and control the
information that you have provided. We will enable you to communicate your
privacy concerns to us and that we will respond to them appropriately.
Easy Digital Village Softech Pvt Ltd does not disclose any personal information to
advertisers and for other marketing and promotional purposes that could be used
to personally identify you, such as your password, credit card number and bank
account number.
2. Services
2.1 Easy Digital Village Softech Pvt Ltd will use reasonable efforts to supply a continuous service.
However, Easy Digital Village Softech Pvt Ltd is not liable for any loss of data resulting from delays
outside of our control, missed or non-deliveries, service interruptions or by
errors or omissions of the customer. Easy Digital Village Softech Pvt Ltd is not responsible for any losses
suffered resulting from acts of god or force majeure including civil unrest,
riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that Easy Digital Village Softech Pvt Ltd is not liable to you for any special consequential
damages which you may suffer as a result of loss of business, contracts,
profits, savings or otherwise. Easy Digital Village Softech Pvt Ltd. INDIA is unable to exercise control
over material sent over the internet and excludes all liability of any kind for
the publication by the Customer of inaccurate, misleading, offensive,
threatening or obscene material, or material that is in breach of UK or other
applicable law.
2.3 Easy Digital Village Softech Pvt Ltd’s customers are liable for all charges levied by their
telephone service provider arising from the Customer's use of the Services.
2.4 From time to time Easy Digital Village Softech Pvt Ltd or its sub-contractors need to carry out
maintenance on the network, which may involve temporarily shutting parts of it
down. Easy Digital Village Softech Pvt Ltd will give as much notice as possible and shall try to keep this
work to the period specified in the notice. Easy Digital Village Softech Pvt Ltd accepts no liability
whatsoever arising from such a suspension of the service.
2.5 YOU acknowledge and agree that details of YOUR name, address, telephone and
fax numbers together with email address(es) and assigned IP Addresses may be
released to the APNIC NCC to ensure that both WE and YOU fulfil their
obligations under prevailing APNIC policies and that such data may be published
in whole or in part in the APNIC WHOIS database.
3. Banned Content
3.1 Customers must use the Services provided for lawful,
authorised purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any law is prohibited. The list of
banned content includes, but is not limited to :-
(a) Illegal Material - This includes illegally exploited copyrighted works,
commercial audio, video, or music files, and any material in violation of any
regulation or material that is perceived to be misleading.
(b) Warez - This includes, but is not limited to, pirated software, ROMS,
emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of
any of the above. Also includes any sites which provide "links to" or
"how to" information about such material.
(c) HYIP - We do not allow any HYIP sites, or sites that link to or have content
related to HYIP sites.
(d) Proxy - We do not allow any proxy set-ups or connections or any sort of
activity through remote proxy connections on our hosting / Colocation services.
The first offense committed by the Customer will result in suspension of their
Account. Any second violation will result in immediate Account termination.
(e) IRC Hosts - Hosting an IRC server that is part of or connected to another
IRC network or server or has a connection to an IRC network. Servers, found to
be connecting to or part of these networks will be immediately removed from our
network without notice. The server will not be reconnected to the network until
such time that you agree to completely remove any and all traces of the IRC
server, and agree to let us have access to your server to confirm that the
content has been completely removed. Any second violation will result in
immediate account termination.
(f) Defamatory content - any website content that makes a false claim,
expressively stated or implied to be factual, that may give an individual,
business, product, group, government or nation a negative image.
g) Bit Torrents: Use of software and scripts for "bit torrents" or
similar is not allowed on our servers. This includes sending or receiving files
using these mechanisms.
3.2 We are under no obligation to edit, review or modify the
contents of your website. However, we reserve the right to remove any content
without notice. For the avoidance of doubt we do not pro-actively monitor
messages that you may post on our managed sites, but we reserve the right to
remove such message at our sole discretion.
3.3 Any Customer found to be using the Services for any of the
purposes contained in Clause 3.1 may have their Account terminated without
notice.
3.4 The Customer agrees to fully and effectively indemnify Easy Digital Village Softech Pvt Ltd
Pay against all losses, costs, actions, proceedings, claims, damages, expenses,
(including legal expenses) or liabilities, howsoever suffered or incurred
directly by Easy Digital Village Softech Pvt Ltd in consequence of the Customers breach or non-observance of
this Clause 3.
3.5 The Customer shall defend and pay all costs, damages,
awards, fees (including legal expenses) and judgments awarded against Easy Digital Village Softech Pvt Ltd.
INDIA arising from breach or breaches of this Clause 3. Easy Digital Village Softech Pvt Ltd. INDIA may in
its absolute discretion defend such claims and may compromise such claims with
the consent of the Customer, such consent not to be unreasonably withheld. The
Customer shall provide Easy Digital Village Softech Pvt Ltd. INDIA with the assistance necessary to defend
such claims, at the Customer’s sole expense.
4. Adult Content
We allow websites with legal adult content only. We do not allow pornographic or
sexually-explicit images of children or any pictures/ video which are obtained
illegally to host on our servers.
5. Server / Resource / Staff Abuse
5.1 You agree and understand that any attempts to undermine or cause harm to any
of our servers is strictly prohibited and that we take no responsibility for the
use of our clients' accounts.
5.2 If you abuse the resources we provide in any way, we reserve the unqualified
right to immediately deactivate your Account without refund.
5.3 Denial of Service (DOS) attacks directed at Easy Digital Village Softech Pvt Ltd. INDIA, or any attempts
to launch a DOS attack from our servers are strictly prohibited. All infractions
and or suspected infractions will be vigorously investigated and may result in
immediate termination of your Account.
5.4 If you are in any way disrespectful towards any member of the Easy Digital Village Softech Pvt Ltd staff
we have full right to terminate your account with us without any refund.
6. Bandwidth
If your account exceeds the bandwidth limit, we will inform you. If you do not
wish to purchase extra bandwidth or upgrade your Account and continue to exceed
the limit, the Account shall be suspended until you demonstrate to us that you
have taken measures to ensure that the limit won’t be exceeded again or
upgrade your account, whichever is earlier. The Account will be reactivated in
the following month.
7. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL
EMAIL (UCE)
7.1 You agree and understand that spamming, sending unsolicited emails from our
servers or using email addresses that are maintained by us is STRICTLY
prohibited and will qualify your Account for immediate deactivation with no
refund. Easy Digital Village Softech Pvt Ltd would be the sole arbiter as to what constitutes a violation of
this Clause.
7.2 You agree and understand that we have set a limit of 3600 outgoing emails
per hour on Dedicated Hosting to avoid any sort of email spamming from our
servers. Customers cannot send more than the specified number of emails in an
hour irrespective of the size of their mailing lists.
8. Affiliate Commissions
Affiliates cannot earn commission on the purchase of their own web hosting
account and/or purchases made on their own billing account. As an affiliate, you
are not permitted to self refer yourself. For instance, if you join our
affiliate program and use the link code to sign up for your own personal
account, you will not be entitled to receive any affiliate commission.
9. Backups
9.1 Easy Digital Village Softech Pvt Ltd will use reasonable efforts to protect and backup data for clients
on a regular basis, however, Easy Digital Village Softech Pvt Ltd. INDIA does not guarantee the existence,
accuracy, or regularity of its backup services and, therefore, you are solely
responsible for making back-up files in connection with your use of the
Services.
9.2 You agree and understand that any back-up which Easy Digital Village Softech Pvt Ltd. INDIA may carry
out will not include any media files. These include (but are not limited to)
mp3, mpeg, wmv or any other video/audio files.
10. Billing
10.1 If paying by a cheque, please allow 5 working days for the cheque to clear
and for us to open the Account. If paying via postal orders or cash we will
endeavour to set up your account on the same day.
10.2 Invoices are generated 10 days before the official due date. Payment must
be made by the due date to avoid the suspension of your account. If no payment
is received, your account will be suspended 5 days after the official due date.
If no attempt is made within the next 10 days to pay due invoice(s), we reserve
the right to permanently terminate your account and format all data held. In
total 15 days from the official due date will pass before we permanently
terminate your account.
11. Security and Viruses
11.1 You are responsible for any misuse of your Account and you must take steps
to ensure that others do not gain unauthorized access to your Account. You may
not use your Account to breach the security of another account or attempt to
gain unauthorised access to another network or server.
11.2 Your password provides access to your Account. It is your responsibility to
keep your password secure.
11.3 Sharing your password and account access with unauthorized users is
strictly prohibited. You must take care and prevent others from using your
Account since you will be responsible for the consequences.
11.4 Attempting to obtain another user's account password is strictly
prohibited, and will result in termination of service.
11.5 You must adopt adequate security measures to prevent or minimize
unauthorised use of your Account.
11.6 You may not attempt to circumvent user authentication or security of any
host, network or account. This includes, but is not limited to, accessing data
not intended for you, logging into or making use of a server or account you are
not expressly authorised to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
11.7 You may not attempt to interfere with service to any user, host or network
or carry out DOS attacks. This includes, but is not limited to,
"flooding" of networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
11.8 You agree and understand that users who violate systems or network security
may incur criminal or civil liability. Easy Digital Village Softech Pvt Ltd. INDIA will cooperate fully with
investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
11.9 You agree to complete your own tests for computer viruses in accordance
with best computing practice prior to each and every operational use of the
Services
12. Control Panel Support
12.1 You agree and understand that our staff members will not help you over live
chat, ticket or phone support to setup email accounts, sub- domains, add-on
domains or install any of the applications. We have restricted our staff from
the client control panel login. Customers are expected to go through our Flash
Tutorials as well as our knowledgebase to understand all features of respective
control panels. Our support team will assist you with any of the functions which
won't work or if there's any server side problems that needs to be rectified
from our end. Customers may consider help from our forum to get detailed
information from other forum members, however basic tasks that can be managed
from the control panel are expected to be resolved from the Customer’s end
only.
12.2 You will need to upload your website from your end using file manager or an
FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like
FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be
setup from the client's end only.
13. Shipping Policy :
For International buyers, orders are shipped and delivered through registered
international courier companies and/or International speed post only. For
domestic buyers, orders are shipped through registered domestic courier
companies and /or speed post only. Orders are shipped within 15 working days or
as per the delivery date agreed at the time of order confirmation and delivering
of the shipment subject to Courier Company / post office norms.
Easy Digital Village Softech Pvt Ltd is not liable for any delay in delivery by the courier company / postal
authorities and only guarantees to hand over the consignment to the courier
company or postal authorities within 15 working days from the date of the order
and payment or as per the delivery date agreed at the time of order
confirmation. Delivery of all orders will be to registered address of the buyer
as per the credit/debit card only at all times(Unless specified at the time of
Order). Easy Digital Village Softech Pvt Ltd is in no way responsible for any damage to the order while in
transit to the buyer. Payments Easy Digital Village Softech Pvt Ltd is proud to use EBS for fast, easy and
efficient secure payments. All major credit cards are accepted.
14. Cancellations & Refunds
14.1 Cancellation Policy
In case of dissatisfaction from our services, clients have the liberty to cancel
their projects and request a refund from us. Our Policy for the cancellation and
refund will be as follows:
Cancellation of service renewals for on-going website promotion, website hosting
or domain registration services must be made at least seven 7 business days
prior to the end of the current service period.
14.2 Refund Policy
We will try our best to create the suitable design concepts for our clients.
In case any client is not completely satisfied with our services we can provide
a refund within 30 days from the date of installation of the Project. The final
refunds will be made after deducting the Service Tax and the Hourly charges for
the work completed by us.
If paid by credit card, refunds will be issued to the original credit card
provided at the time of purchase and in case of EBS payments refund will be made
to the same account
14.3 There will be no refund for WHM/CPanel, Plesk VPS & Dedicated Server
License, Virtuozzo, SSL Certificates and Site Builder as these are purchased
from External Vendors & Easy Digital Village Softech Pvt Ltd does not get any refund in case of
cancellation of licenses.
14.4 Any service interruptions or downtime due to scheduled maintenance by Easy Digital Village Softech Pvt Ltd
Pay or our network providers will not count towards the uptime guarantee. Easy Digital Village Softech Pvt Ltd
Pay is not liable in any way for failure of third party services.
14.5 Easy Digital Village Softech Pvt Ltd reserves the right to suspend OR terminate services on receipt of
abuse complaints.
15. Money Back Guarantee
15.1 Dedicated servers and other Data Center related hosting services are not
included under the any money back guarantee policy. Easy Digital Village Softech Pvt Ltd reserves the right
to decide whether or not to issue pro-rated refunds under circumstances.
15.2 We also provide a price-freeze guarantee. You never have to pay more than
the initial amount you sign up for your hosting service. Easy Digital Village Softech Pvt Ltd reserves the
right to change the resource allocation for its services & also to change
the prices listed on the website.
15.3 License costs of all third party applications and software offered with our
plans are subject to change without written intimation.
16. Modification of Terms of Service
Easy Digital Village Softech Pvt Ltd reserves the right to modify or change these terms of service at all
times. All customers are bound by the latest terms of service published on this
website.
17. Termination
17.1 We reserve the right to refuse, terminate, or suspend your access to the
Services for any reason at our sole discretion upon giving 14 days written
notice to you.
17.2 We may suspend your Account immediately upon breach by you of any of the
terms and conditions herein, including, without limitation, late or non-payment
of monies due.
18. Effect of Termination
On termination or expiry of your Account for whatever reason you shall pay
immediately all sums outstanding pending on your Account to Easy Digital Village Softech Pvt Ltd within 14
working days.
19. Limitation of liability
20.1 Easy Digital Village Softech Pvt Ltd disclaims all liabilities in connection with the following :
(a)loss of material uploaded; (b)incompatibility of the Services with any of the
Customer's equipment, software or telecommunications links; (c)technical
problems including errors or interruptions of the Services; (d)unsuitability,
unreliability or inaccuracy of the Services; (e)computer viruses of any kind
obtained by the Customer in the course of using the Services; (f)any security
breaches whatsoever affecting the Customer’s Account.
20.2 In no event shall Easy Digital Village Softech Pvt Ltd be liable either in contract, tort (including
negligence) or otherwise for indirect, incidental or consequential damages,
including without limitation, loss of income, data, use or information.
20.3 Nothing in this Clause 18 excludes each party's liability with respect to
death and personal injury resulting from the negligence of that party, its
employees, agents or subcontractors or for fraudulent misrepresentation or under
the tort of deceit.
20.4 Subject to Clause 18.2, our liability to you in contract, tort, negligence
or otherwise arising out of or in connection with the Services shall for any one
incident or series of related incidents be limited to the annual fees paid by
you to us in the year in which the liability first arose. No liability
whatsoever will be accepted by us unless and until you have provided documentary
evidence to our satisfaction proving that loss has occurred.
20.5 We exclude all liability of any kind in respect of any material on the
internet posted by the Customer by means of the Services and we are not
responsible in any way for any goods (including software) or services provided
by third parties advertised, sold or otherwise made available by means of the
Services or on the internet, the accuracy, completeness or suitability for any
purpose of any website content and the acts or omissions of other providers of
telecommunications or internet services (including domain name registration
authorities) or for faults in or failures of their equipment.
20.6 Easy Digital Village Softech Pvt Ltd will not be liable for failure or delay in performing its
obligations if such failure or delay is due to circumstances beyond its
reasonable control, including but not limited to acts of any governmental body,
war, insurrection, sabotage, embargo, fire, flood, strike or other labour
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 the Services.
21. Indemnity
The Customer agrees that it shall defend, indemnify, save and hold Easy Digital Village Softech Pvt Ltd
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable legal fees asserted against Easy Digital Village Softech Pvt Ltd, its agents, its
customers, officers and employees, that may arise or result from any acts or
omissions of the Customer, its agents, employees or assigns in connection with
their use of the Services.
22. Law