Customer Security Responsibilities
The customer is solely responsible
for any breaches of security affecting servers under
customer control. If a customer's server is involved
in an attack on another server or system, it will
be shut down and an immediate investigation will be
launched to determine the cause/source of the attack.
In such event, the customer is responsible for the
cost to rectify any damage done to the customer's
server and any other requirement affected by the security
breach.
IRC
CRR does not allows Dedicated Server customers the
use of IRC in CRR Network.
Billing for Network Resources
The customer understands that the
customer is responsible for paying for any network
resources that are used to connect the customer's
server to the Internet. The customer may request that
the customer's server be disconnected from the Internet,
but the customer will still be responsible for paying
for any network resources used up to the point of
suspension or cancellation.
C. All CRR Customer Terms of Use
The following Terms of Use apply to ALL CRR customers:
CRR Services
CRR’s services include, but are not limited to:
any act of preparing, setting up,
connecting, maintaining, terminating, or reconnecting
customers’ account (including all billing data and
the space on the particular Web server that CRR provides
to customers);
any use by customers, or any access
provided to customers by CRR, of computing, telecommunications,
software, information, hardware, and equipment;
any act, or provision of any service,
by CRR to customers, related to web hosting and domain
name registrations (including server usage and technical
support), regardless of duration and whether paid
for or not;
any provision by CRR to customers, of any space,
Internet connectivity, or electrical power;
any access or use related to the CRR’s web site,
including the web site itself;
any other service mentioned in the TOU;
any other service provided by CRR to customers, whether
used or not;
any other CRR services that are used by customers,
whether offered or provided by CRR to customers.
Ownership of Web Site
The legal owner of customers’ web
sites and accounts with CRR will be the individual
or organization whose name is listed in CRR’s database
as the owner. Customers will fully cooperate with
and abide by any and all of CRR’s security measures
and procedures in the event of any dispute over ownership
of customers’ web sites and accounts with CRR.
Illegal Use
CRR servers may be used for lawful
purposes only. Transmission, storage, or distribution
of any information, data, or material in violation
of any applicable law or regulation, or that may directly
facilitate the violation of any particular law or
regulation is prohibited. This includes, but is not
limited to: copyrighted material; trademarks; trade
secrets or other intellectual property rights used
without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates
export control laws. Additionally, in purchasing CRR
services, all CRR customers certify that they and/or
the organization they represent in procuring services
from CRR are not, nor have been designated, a suspected
terrorist as defined by the Constitution of India;
are not owned or controlled by a 'suspected terrorist'
as defined by the Constitution of India; and are not
on, are not a member of, related to, associated with,
or controlled by any organizations listed as terrorist
by the Govt. Of India.
Spamming
Sending unsolicited bulk and/or commercial
messages over the Internet (known as "spamming") is
prohibited, regardless of whether or not it overloads
a server or disrupts service to CRR’s customers. The
term "spamming" also includes, but is not limited
to, maintaining an open SMTP policy, engaging in spamming
using the service of another ISP or IPP and referencing
in the spam a web site hosted on a CRR server, and
selling or distributing software (on a web site residing
on a CRR server) that facilitates spamming. Violators
will be assessed a minimum fine of Rs.1,00,000. and
will face immediate suspension. CRR reserves the right
to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security
are prohibited and may result in criminal and civil
liability. Examples of system or network security
violations include, without limitation the following:
unauthorized access to or use of data, systems or
networks, including any attempt to probe, scan or
test the vulnerability of a system or network or to
breach security or authentication measures without
express authorization of the owner of the system or
network; 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
email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of CRR’s services or equipment
for creating or sending Internet viruses, worms or
Trojan horses, or for pinging, flooding or mail bombing,
or engaging in denial of service attacks is prohibited.
It is also prohibited for any customer to engage in
other activity that is intended to disrupt or interfere
with, or that results in the disruption of or interference
with, the ability of others to effectively use CRR’s
services and equipment (or any connected network,
system, service or equipment) or conduct their business
over the Internet.
Privacy
CRR is concerned with the privacy
of on-line communications and web sites. In general,
the Internet is neither more nor less secure than
other means of communication, including mail, facsimile,
and voice telephone service, all of which can be intercepted
and otherwise compromised. As a matter of prudence,
however, CRR urges its customers to assume that all
of their on-line communications are insecure. CRR
cannot take any responsibility for the security of
information transmitted over CRR's facilities.
Customer Responsibility
Customers are required to use the
CRR network responsibly. This includes respecting
the other customers of CRR. CRR reserves the right
to suspend and/or cancel service with any customer
who uses the CRR network in such a way that adversely
affects other CRR customers. While CRR may monitor
its service electronically to determine that its facilities
are operating satisfactorily, as a general practice,
CRR does not monitor its customers' communications
or activities to determine whether they are in compliance
with the TOU. However, when CRR becomes aware of any
violation of the TOU or other user agreements, CRR
may take any action to stop or correct such violation,
including, but not limited to, denying access to CRR’s
services and equipment or to the Internet. In addition,
CRR may take action against a customer or a customer
of such customer because of the activities of such
customer. CRR anticipates that customers who offer
Internet services will cooperate with CRR in any corrective
or preventive action that CRR deems necessary. Failure
to cooperate with such corrective or preventive measures
is a violation of CRR policy and CRR reserves the
right to take any such action even though such action
may affect other customers of the CRR customer.
CRR and its , affiliates and associates
shall not be liable, at any time for damages (including,
without limitation, damages for loss of business projects,
or loss of profits) arising in contract, tort or otherwise
from the use of or inability to use the Service, or
any of its contents, or from any action taken (or
refrained from being taken) as a result of using the
Service or any such contents or for any failure of
performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer
virus, communications line failure, theft or destruction
or unauthorised access to, alteration of, or use of
information contained on the service. No representations,
warranties or guarantees whatsoever are made as to
the accuracy, adequacy, reliability, completeness,
suitability or applicability of the information to
a particular situation. You agree that CRR has no
responsibility or liability including but not limiting
to the deletion, corruption, loss or failure to store
any messages or content / data maintained or transmitted
by any CRR Service. You acknowledge and agree that
no compensation shall be payable whatsoever with respect
to the aforesaid by CRR. CRR MAKES NO WARRANTY THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE.
Actions Taken by CRR
The failure by a customer to meet
or follow any of the TOU is grounds for account deactivation.
CRR will be the sole arbiter as to what constitutes
a violation of the TOU. CRR reserves the right to
remove any account without prior notice and to refuse
service to anyone at any time. When CRR becomes aware
of an alleged violation of its TOU, CRR will initiate
an investigation. During the investigation, CRR may
restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the
severity of the violation, CRR may, at its sole discretion,
restrict, suspend, or terminate a customer's web hosting
account and/or pursue other civil remedies. If such
violation is a criminal offense, CRR will notify the
appropriate law enforcement authorities of such violation.
An unlisted activity may also be a violation of the
TOU if it is illegal, irresponsible, or constitutes
disruptive use of the Internet. CRR does not issue
credits for any outages incurred through service disablement.
Violators of the policy are responsible, without limitations,
for the cost of labor to rectify any damage done to
the operation of the network and business operations
supported by the network, and to respond to complaints
incurred by CRR.
Indemnification
CRR customers agree to protect, defend,
hold harmless, and indemnify CRR, any third party
entity related to CRR (including, without limitation,
third party vendors), and CRR’s executives, directors,
officers, attorneys, managers, employees, consultants,
contractors, agents, parent companies, subsidiaries,
and co-subsidiaries with the same parent company as
CRR, from and against any and all liabilities, losses,
costs, judgments, damages, claims, or causes of actions,
including, without limitation, any and all legal fees
and expenses, arising out of or resulting in any from
the customer’s use of CRR’s services.
Disclaimer
The CRR service is 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. CRR
expressly disclaims any representation or warranty
that the CRR service will be error-free, secure or
uninterrupted. No oral advice or written information
given by CRR, its employees, licensors or the like,
will create a warranty; nor may you rely on any such
information or advice. CRR and its partners and suppliers
will not be liable for any cost or damage arising
either directly or indirectly from any transaction
or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or
any bankruptcy petition is filed by the customer,
or any third party against the customer, CRR may immediately
terminate provision of CRR’s services to the customer
without prior notice or penalty. Such customer consents
to the grant of relief from any automatic stay of
proceedings against CRR in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND
UNDER NO THEORY OF LAW OR EQUITY, WILL CRR (INCLUDING,
WITHOUT LIMITATION, CRR’S EXECUTIVES, DIRECTORS, OFFICERS,
ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS,
AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES
WITH THE SAME PARENT COMPANY AS CRR, AFFILIATES, THIRD-PARTY
PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE
ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
CRR’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN
NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE,
EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR
CRR SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER,
OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE
OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY
USE OF, OR ANY INABILITY TO USE, ANY CRR SERVICES
EVEN IF CRR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. CRR’S TOTAL CUMULATIVE LIABILITY, IF
ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND
ALL DAMAGES, RELATED TO THE TOU OR CRR’S SERVICES,
INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE,
ANY ACT OR OMISSION BY CRR OR CRR’S REPRESENTATIVES,
OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE
LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL INDIAN
RUPEE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES
WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES
OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE
DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION
AROSE.
Modifications
CRR may discontinue, upgrade, replace,
modify, or change in any way, without limitation,
any software, application, program, data, hardware,
equipment, or portions or components thereof, used
to provide customers with CRR’s services. Certain
changes to CRR’s services may affect the operation
of customers’ personalized applications and content.
Each customer is solely responsible, and CRR is not
liable, for any and all such personalized applications
and content.
Backup of Data
Except where CRR has expressly agreed
in writing to the contrary, customers are solely and
entirely responsible, and CRR is in NO way responsible,
for the management and backup of all customer data,
and all updates, upgrades, emails and patches to any
software that customers use in connection with CRR
services.
Third Party Licenses
CRR makes a reasonable effort to
provide customers with technologies, developments,
and innovations (collectively “Technologies”), part
of which may be licensed, or co-branded, from or by,
third party entities. However, CRR makes NO warranty
of any kind, either express or implied, regarding
the quality, accuracy, reliability, validity, or continued
existence of any or all aspects of such Technologies.
Moreover, CRR specifically disclaims all warranties
of merchantability and and fitness for a particular
purpose for such Technologies. Furthermore, no customer
will hold CRR liable in any way for the revocation
of any license, which has been licensed to CRR. The
use of the Technologies obtained from or through CRR,
or any other referred third party, whether directly
or indirectly, is at the sole risk of customers.
Non-CRR Products
Any mention of non-CRR products by
CRR, its employees, or any third party entity related
to CRR is for information purposes only and does not
constitute an endorsement or recommendation by CRR.
CRR disclaims any and all liabilities for any representation
or warranty made by the vendors of such non-CRR products
or services.
CRR’s Intellectual Property
Customers will not, without CRR’s
express written consent, copy, reproduce, republish,
or otherwise use any material, in whole or in part,
that is located on CRR’s web site, and customers will
not use any of CRR’s trademarks, service marks, copyrighted
materials, or other intellectual property without
CRR’s express written consent. Customers will not,
in any way, misrepresent their relationship with CRR,
attempt to pass themselves off as CRR, or claim that
customers are CRR.
Assignment
Customers may not assign or delegate
their rights or obligations under the TOU or other
agreement for CRR’s services, either in whole or in
part, without the prior written consent of CRR.
Minimum Age Requirement
CRR customers must be at least 18
years of age. Any individual under the age of 18 years
(“Minor”) must have a parent or guardian accept the
TOU in order for the Minor to become a CRR customer.
A parent or guardian who accepts the TOU on behalf
of a Minor will be primarily liable for ensuring complete
and proper compliance with the TOU, including the
timely and full payment of the charges for CRR services,
and such primary liability will continue even when
the Minor has attained the age of 18, unless the parent
or guardian obtains CRR’s express written consent
to the contrary. Any acceptance of the TOU or any
other agreement for CRR’s services will be deemed
null and void to the extent that CRR will not be liable
in any way as a result of the Minor’s age or legal
incapacity or the Minor’s use of CRR’s services.
Governing Law and Severability
The TOU, and any other agreement
for CRR services, will be governed by and construed
in accordance with the laws of the State of Andhra
Pradesh, India without reference to its conflicts
of laws principles. Any litigation or arbitration
between a customer and CRR will take place in Chennai,
and the customer will consent to personal jurisdiction
and venue in that jurisdiction. If any provision or
portion of the TOU or other CRR agreement is found
by a court of competent jurisdiction to be unenforceable
for any reason, the remainder of the TOU or the agreement
will continue in full force and effect.
Force Majeure
CRR will not be liable for delays
in its performance of the TOU or CRR services caused
by circumstances beyond CRR’s reasonable control,
including acts of God, wars, insurrection, civil commotions,
riots, national disasters, earthquakes, strikes, fires,
floods, water damage, explosions, shortages of labor
or materials, labor disputes, transportation problems,
accidents, embargoes, or governmental restrictions
(collectively “Force Majeure”). CRR will make reasonable
efforts to reduce to a minimum and mitigate the effect
of any Force Majeure. Notwithstanding anything contained
elsewhere herein, nor will any event of Force Majeure
suspend any obligation of customers for the payment
of money due.
Independent Contractors
Nothing in this Agreement will be
construed as creating a partnership or relationship
of employer and employee, principal and agent, partnership
or joint venture between CRR and its customers. Each
of CRR and its customers will be deemed an independent
contractor at all times and will have no right or
authority to assume or create any obligation on behalf
of the other, except as may be expressly provided
herein.
Construction and Interpretation
Wherever in this TOU the masculine,
feminine, or neuter gender is used, it will be construed
as including all genders, and wherever the singular
is used, it will be deemed to include the plural and
vice versa, where the context so requires. The division
of the TOU into sections/paragraphs, and the insertion
of headings/captions, are for convenience of reference
only and will not affect the construction or interpretation
of the TOU. Any rule of construction to the effect
that any ambiguity is to be resolved against the drafting
party will not be applicable in the construction or
interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific
agreement for CRR services, constitutes the complete
understanding and agreement between CRR and its customers.
Except when expressly agreed to the contrary in signed
writing by an authorized representative of CRR, the
TOU supersedes any other written (including digitized/computerized)
agreement, oral agreement, and/or agreement by conduct.
This TOU, and/or any other specific agreement for
CRR services is between CRR and its customers only
and will not confer any rights in any third party
except as otherwise expressly provided by CRR.
D. All CRR Customer Billing Policy
The following Terms of Use constitute
CRR’s Billing Policy and apply to ALL CRR customers:
Payments
CRR accepts the following types of payment:
- Check/money order
- Credit card (VISA, MasterCard, American Express)
- Bank wire transfer
- Fund Transfer from bank accounts
All payments are due on the Account
Statement Date. The Account Statement Date is the
monthly anniversary of the date the account was activated.
You are responsible for directly updating, or notifying
CRR, of any changes to your billing details.
Accounts that are past due will be
automatically suspended. All past due and unpaid balances
are subject to collection. In the event of collection,
you will be liable for costs of collection including
attorney’s fees, court costs, and collection agency
fees.
Billing Cycles (Terms)
CRR offers three Billing Cycles (terms)
for hosting charges: Yearly (12 months). The Billing
Cycle begins on the Plan Activation Date. Resellers
are limited to the Yearly Billing Cycle for all of
their charges.
You may elect to change your Billing
Cycle at any time; however, the new Billing Cycle
will only take effect at the time of the next plan
renewal.
All additional features added to
an account are charged yearly. Additional items are
non-refundable.
Account Renewals
In order to insure uninterrupted
service to your website, all plans has to be renewed.
The customer has the sole responsibility to keep track
of the expiry date and renew the services well in
advance at least 10 days before expiry. It is not
the responsibility of CRR to give you any intimations
in advance. It is confirmed by you that the responsibility
of renewing the service will lie with you. The renewal
of your account is subject to realisation of payment
by CRR. Payment of account fee after expiry date does
not guarantee the renewal of account with CRR. CRR
cannot guarantee the renewal of account, if the payment
is made after expiry date. Renewal of services such
as domains, ssl certificates etc, involve companies,
on whose activities, CRR does not have control over.
Hence, CRR is not liable for interruption in services,
loss of data, loss domain names, ssl certificates
etc.
Statements
CRR does not mail paper invoices
or statements. Statements can be viewed and printed
through members area.
Fees
Returned (NSF) Checks
CRR charges a Rs.200 fee for returned
(NSF)checks. Customers that issue an NSF check will
be required to submit future payments with a DD or
money order.
Bank Account Payments
CRR charges Rs.50 for outstation
checks, Account transfers.
Reactivation
Customers that wish to reactivate
a closed account will be assessed a Rs.2000 reactivation
fee. A Rs.200 fee will be assessed if CRR restores
your data files to your reactivated account.
Cancellations
Hosting plans will automatically
expire until a plan is renewed. In order to cancel
service, you must contact CRR's Billing Team at accounts@CRRwebhosting.com
with proper payment details and account details. Please
be aware that there are no pro-rated refunds after
the first 30 days of service. No refund is available
for CRR Start Up Account in the event of cancellation.
Cancellation requests must be received by CRR a minimum
of thirty (30) days prior to the end of your Billing
Cycle.
CRR will confirm the cancellation request when it
is processed. If you do not receive a confirmation,
please contact CRR as soon as possible.
CRR does not monitor, plans for problems related
to domain name transfers, non-usage, Internic, your
ISP, or any other secondary issues not directly related
to CRR's services. Cancellation of services does not
relieve the customer from paying any outstanding balance
owed on the account. CRR reserves the right to cancel
any account, at any time, without notice, for any
reason CRR considers appropriate.
Billing/Price Changes
CRR's policies and prices are subject to change without
notice. Any price changes become effective in the
next billing cycle.
|
CRRwebhosting -
Yahaoo Chat
