TERMS OF SERVICES
1.) ACCOUNT SETUP / EMAIL ON FILE
We will setup your account after we have received payment and we and / or our payment partner’s) have screened the order’s) in case of fraud. 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 Nowdigitaleasy, 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. Nowdigitaleasy is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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 sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
1 A.) DOMAIN AGREEMENTS
- For Over view of TLDS (Terms for registering a domain)can be found at this link
- For Domain related Legal Agreement can be found at this link
- For General Domain Agreements click link
- .IN Registry Policies click link
All services provided by Nowdigitaleasy may only be used for lawful purposes. The laws of the State of Tamilnadu and Government of India apply.
The customer agrees to indemnify and hold harmless Nowdigitaleasy 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 another’s 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. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
EXAMPLES OF UNACCEPTABLE MATERIAL ON ALL SHARED AND RESELLER SERVERS INCLUDE:
- * Topsites
- * Nulled, 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
EXAMPLES OF UNACCEPTABLE MATERIAL ON ALL DEDICATED SERVERS INCLUDE:
Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased.
Pornography in any form is strictly prohibited in our servers.
All interactive chat web applications are strictly prohibited on shared / reseller hosting plans. This includes but is not limited to chat applications written in PHP, Perl, CGI, Python, Ruby, etc. in addition to IRC or IRC bots. Any web application that provides ‘real-time’ chat is not permitted. Shoutboxes, chatboxes, live chat/live help (such as but not limited to LiveZilla) and other web based chat programs are prohibited.
WEB APPLICATIONS & WEB ACCESSIBLE SCRIPTS
All web applications that are out of date and actively being exploited will be shut down immediately without notice. As a webmaster you should evaluate your web based applications and scripts on a regular basis to ensure they’re secure and up to date. Blogs, CMS, Forums and any applications using a commenting system should have some form of spam protection or moderation. CAPTCHA is a popular way to eliminate spam robots from spamming your website.
The use of more than 50,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 30,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
7C.) BACKUP LIMIT
Any shared account using more than 2 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8.) BANDWIDTH USAGE
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9A.) MONEY BACK GUARANTEE
Each of Nowdigitaleasy’s managed shared and reseller hosting plans carry a 60 days unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 60 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to VPS, dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Nowdigitaleasy will not activate new orders or activate new packages for customers who have an outstanding balance with Nowdigitaleasy. For a new order to be setup or a new package to be activated, you must have a balance of Rs.0.00, unless otherwise stated by Nowdigitaleasy in writing.
9B.) UPTIME GUARANTEE
If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Nowdigitaleasy dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) RESELLER: CLIENT RESPONSIBILITY
Resellers are responsible for supporting their clients. Nowdigitaleasy does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Nowdigitaleasy will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) SHARED (NON-RESELLER ACCOUNTS) / SEMI DEDICATED SERVERS
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
12.) DEDICATED SERVERS
Nowdigitaleasy reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Nowdigitaleasy reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact email@example.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
13.) PRICE CHANGE
We reserve the right to change prices listed on nowdigitaleasy.com, and the right to increase / decrease the amount of resources given to plans at any time with or without notice. The Price which you see on final step of the Order Page is your final Price.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
Customer agrees that it shall defend, indemnify, save and hold Nowdigitaleasy harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Nowdigitaleasy, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nowdigitaleasy against liabilities arising out of;
- (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Nowdigitaleasy;
- (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- (3) copyright infringement and
- (4) any defective products sold to customers from Nowdigitaleasy server.
The laws of the Republic of India shall govern this agreement.
In any event of dispute the area of Jurisdiction would be Chennai, Tamilnadu only..
Nowdigitaleasy shall not be responsible for any damages your business may suffer. Nowdigitaleasy makes no warranties of any kind, expressed or implied for services we provide. Nowdigitaleasy disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Nowdigitaleasy and its employees.
17.) DISCLOSURE TO LAW ENFORCEMENT
Nowdigitaleasy may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
18.) CHANGES TO THE TOS
Nowdigitaleasy reserves the right to revise its policies at any time without notice.
HOSTED SOFTWARE LICENSE
Nowdigitaleasy grants to Customer a time limited access to Hosted Software. Access is non-assignable, non-transferable, without the right to sub-license.
Subject to the terms and conditions of this agreement, Nowdigitaleasy grants to Customer a non-assignable, non-transferable license, without the right to sub-license, to use the Documentation in connection with Customer’s authorized use of Hosted Software. Customer may not reproduce or distribute the Documentation in any manner, whether physically or electronically, without the express written permission of Nowdigitaleasy.
LANGUAGE FILE LICENSE
Hosted Software is provided with all available language files.
Hosted Software and source codes belong to Nowdigitaleasy. Source code files are not provided.
Nowdigitaleasy guarantees 99.99% server up-time. This excludes scheduled maintenance, emergency maintenance, DDoS attacks, force majeure and hardware failures within your server.
Nowdigitaleasy agrees to provide Customer with technical support services which include periodic distribution of bug fixes and minor enhancements as Updates. Technical support e-mail inquiries are accepted at any time and will be answered during normal Nowdigitaleasy business hours. nowdigitaleasy will attempt to respond to inquiries within 12 hours for requests from Monday to Friday and for requests received during the weekend, we will respond within 24 hours or the following Monday.
All Hosted Software updates will be installed automatically after they are released without any extra fee.