TERMS OF SERVICE
These Terms of Service (the “Agreement”) set forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Extreme Code Studios (Pvt) Ltd. This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Extreme Code Studios (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.
Term of Agreement; Modification
You agree that Extreme Code Studios may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes we may reasonably make to this Agreement when such changes are made. If You have purchased Services from us, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
You agree to maintain accurate information by providing updates to Extreme Code Studios, as needed, while You are using the Services. You agree You will notify us within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Extreme Code Studios to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Extreme Code Studios has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Extreme Code Studios has the absolute right, in its sole discretion, to terminate its Services and close Your account.
Accepted Use Policy
Our Accepted Use Policy, which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
- not to violate the laws, regulations, ordinances or other such requirements of local government.
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- not to make, attempt or allow any unauthorized access to Extreme Code Studios website, servers, your own hosting account or the account of any other customers of Extreme Code Studios.
- not to allow any remote code execution of malicious software through the hosting account provided by Extreme Code Studios.
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against Extreme Code Studios servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use Extreme Code Studios services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, pyramid businesses, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- not to engage in or to instigate actions that cause harm to Extreme Code Studios or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Extreme Code Studios reserves the right to refuse service to anyone upon Our discretion. Any material that in our judgment, is either obscene or threatening is strictly prohibited and will be removed from our servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Extreme Code Studios will take corrective action upon our own discretion and will notify You. Our decision in such case is binding and final, and cannot be a subject of a further change. We cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Extreme Code Studios or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Extreme Code Studios will not be liable for any loss or damages in such cases.
At its discretion, Extreme Code Studios reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. We further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
Extreme Code Studios provide some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. Extreme Code Studios does not take responsibility for any faults in such software functioning.
Use of Web Storage Space
The intent of Extreme Code Studios is to provide space to serve web documents, eCommerce platforms, apps & online services. Using the webspace as an off-site storage area, backup storage, or any content we determine to be prohibited by this agreement or our Terms and Conditions, We have the right to terminate the service with or without prior warning and delete any files, folder & backups.
Billing and Payment
All fees for the Services shall be in accordance with Extreme Code Studios ‘s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Extreme Code Studios may impose a debt service charge equal to 20% of the overdue balance. In addition, in the event that any amount due Extreme Code Studios remains unpaid fourteen (14) days after, Extreme Code Studios, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a Rs.500.00 fee to reinstate accounts that have been suspended or terminated for 21 days from the due date. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Extreme Code Studios will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Extreme Code Studios ‘s then current rates.