INTRODUCTION / ACCEPTANCE OF TERMS:
aCUBE Technologies offers you a wide variety of products and services (the "Service") on the following terms. By utilizing the Service in any way you are agreeing to comply with these terms, privacy policy and copyright policy, which we may update without notice and encourage you to examine here at any time. You must be competent and at least 18 years old to enter into a contract to use the Service. Except if we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.99eon.com ("aCUBE Technologies", "we", or "us"). We reserve the right to modify and amend these terms at any time without notice. It is your responsibility to remain informed of current policies.
If you have any questions or concerns regarding our TOS, please e-mail info@acubedesign.com
YOUR LIABILITY FOR CONTENT & CONDUCT (ABUSE POLICY):
You are responsible for any content that you publish or transmit on or through the Service.
You will not use the Service to distribute, link to, or request content that:
* is unlawful, harmful to minors, vulgar, harassing, abusive, defamatory, threatening, gratuitously violent, pornographic, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive
* includes personally identifiable information about children
* infringes someone else's intellectual property or other rights
* advocates or solicits violence or other criminal conduct
* violates any contract, regulation, or law
* promotes participation in pyramid or multi-level marketing initiatives
* constitutes illegal gambling
* specifically advertises pornography or any product or service that is illegal in Nevada or the domicile of either the distributor or recipient
* contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment
* executes mass mailings, SPAM, or unsolicited e-mail.
You will obey all applicable laws and regulations regarding online conduct and content. Except as we specifically authorize (via reseller privileges, license, or otherwise), you will not copy, distribute, or commercially exploit any part of the Service.
You will not install ANY of the following on your account:
* IRC Egg Drops & Related Programs
* The Anonymizer UltimateBBS/UBBS (all versions)
* Ikonboard (all versions)
* YaBB & YaBB SE (all versions)
* Shell, SSH, Telnet Scripts and all alternatives
* Proxy Servers / Proxy Scripts
* Soap Mailers
* Any chat scripts formmail.pl, formmail.php, formmail.cgi OR alternative names for the same script or any script using large flat file databases.
These scripts can cause serious performance and security risks. Any account with these scripts on will be subject to immediate suspension. Repeated offenses are liable to account termination without refund.
ANTI-SPAM AND BULK EMAIL POLICY:
Client understands that unsolicited mass e-mailing (also called SPAM, unsolicited bulk e-mail, and unsolicited commercial e-mail) or the use of automated scripts to post comments or links to multiple, non-client-owned blogs, forums, guestbooks, Internet messengers, phones or other Internet-connected media, is absolutely forbidden. Client agrees to pay for any fees or damage in result of UBE or UCE (SPAM) within their account. We reserve the right to suspend or cancel any or all accounts without notice, due to violation of this policy.
The Service you are receiving may include the ability to send and receive electronic mail. Use of your electronic mail account to send unsolicited commercial messages is prohibited. Mass electronic messages or "mail-bombing" (sending mass unsolicited mail or deliberately sending very large attachments to one recipient) are prohibited. Forging electronic mail headers (addresses) is also prohibited regardless of commercial content. Use of electronic mail to harass or intimidate other users is prohibited.
Spamming, sending unsolicited commercial e-mail messages or unsolicited bulk messaging to advertise, offer, sell, or buy any goods or services, for any business or individual, is strictly prohibited (this includes opt-out e-mail). In response to a complaint, aCUBE Technologies has the discretion to determine, from all of the evidence it receives, whether the intended recipients were from an "opt-in" e-mail list.
Shared server accounts are also prohibited from sending solicited (e.g. opt-in) email via mailing lists (or combinations of mailing lists, or other programmatic methods) that include more than 100 total accounts, unless special arrangements have been made in writing with aCUBE Technologies management which specify the terms of such mailings. If arrangements have been made for larger opt-in mailing lists, and, in the sole opinion of aCUBE Technologies management, these mailing lists cause server performance problems of any kind, then aCUBE Technologies may, at its sole discretion, remove or demand the removal of the mailing list at any time.
VIOLATIONS OF ABUSE POLICIES:
aCUBE Technologies may regularly audit server accounts for abuse. If any of the abuse policies in these terms of service are violated, you may be required, as determined by aCUBE Technologies in aCUBE Technologies' sole discretion, to pay aCUBE Technologies Rs. 2,500 per day for unintended violations and Rs. 25,000 per day for deliberate violations as compensation for damages. In addition, aCUBE Technologies may take legal action in response to any acts of abuse, which may result in additional financial penalties. aCUBE Technologies reserves the right to transfer any content that is perceived (in the sole discretion of aCUBE Technologies) to be in violation of these terms of service to the appropriate authorities for prosecution, enforcement, and/or legal action.
ACCURATE INFORMATION:
You will submit accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any materials distributed through the Service.
SATISFACTION GUARANTEE (MONEY-BACK GUARANTEE):
Our guarantees are for customer satisfaction only. If you are not happy with your product or service, you may execute cancellation within the given number of days as per our refund policy. To cancel, an e-mail must be sent to billing@99eon.com from authorized clientele (as determined by the email address that originally set up the account).
REFUND POLICY
1. DOMAIN NAME SERVICES. aCUBE Technologies will not issue refunds for domain name purchases. It is the Client's responsibility to ensure that domain name registration orders are correct, prior to the purchase.
2. SHARED WEB HOSTING SERVICES. aCUBE Technologies has a 30 day money back guarantee on all Shared web hosting plans. If at any time you feel that you are not satisfied during the first 30 days of service, contact us for a full refund of the fees for these services only.
Note: Any setup, handling, transaction, or modification fees are non-refundable unless otherwise stated in writing. Refunds will be made by check or reverse-credit to client. If reverse-credit on a credit or bank card is chosen, we are not responsible and will not recover for any transaction fees that may be lost. Clients ordering using a manual or cash payment method such as checks, money orders, Western Union, e-gold or Moneygram will not be issued refunds. We will not provide a refund if the client has violated our Terms of Service, regardless of how many days the account has been active.
3. ALL OTHER SERVICES. aCUBE Technologies will not issue refunds for any other services. All other sales are final, regardless of the termination date.
UPTIME GUARANTEE:
If server uptime falls below 99.0% for a given calendar month, clients can apply for credit accordingly by e-mailing billing@99eon.com. Downtime will be excused if it is the result of:
* an ISP, network or other routing issue
* suspension of an account per our TOS
* Denial of Service (DOS) attack
* restoring a backup or moving an account
* client or third party's (intruder/cracker's) fault
The uptime guarantee applies to shared hosting accounts. This warranty is also void for customers who install software that is in violation of the terms of service, fail to keep their application software updated with security patches, fail to upgrade their accounts in accordance with site requirements per written requests from support staff, or install software that is otherwise advised against in writing by support staff.
Credits shall be applied only as additional service time. Our uptime guarantee does not extend any further than the preceding and clients may be required to provide third-party proof of downtime.
LINKS TO OTHER WEB SITES:
We or third-party providers of content may make available links to other Internet web sites or resources. We do not manage these sites and resources, do not endorse them, and are not responsible for their content, availability, or delivery of services.
REFUSAL OF SERVICE:
We reserve the right to refuse or cancel service at our sole discretion. All clients are expected to pay their invoices promptly. Accounts that are past due for 72 hours may be subject to temporary deactivation (suspension). Accounts past due in excess of 30 days may be cancelled. All deactivated accounts will be charged a Rs. 600 reactivation fee in addition to their normal recurring fees. Returned, declined, or cancelled checks/credit cards will result in immediate account deactivation (not cancellation) and are subject to a Rs. 200 penalty. Cancelled accounts shall be subject to all applicable reactivation fees as well as normal fees associated with opening an initial account. All delinquent accounts will be submitted to a collection agency for resolution.
SERVER ABUSE & CPU USAGE:
Any attempts to undermine or cause harm to a server is strictly prohibited and will result in account suspension or termination without refunds.
Accounts that exceed 10.00% of CPU (server memory) usage for periods exceeding three minutes may be subject to a temporary cap, which will limit server resources coming from the account, and/or be asked to upgrade to a higher-performance account.
If an account causes excessive server loading due to CPU and/or memory utilization on a shared server, and this load is deemed by technical support staff to be at risk of crashing or hanging the server, the account may be suspended temporarily, or have programs disabled/removed, in order to prevent and/or stop the excessive load. This action may be taken without notice to the customer.
BANDWIDTH OVERAGE:
Usage that exceeds original plan allotment (without upgrading prior to exceeding the allotted amount) is subject to Rs. 100 per 500 MB of bandwidth (each month). This does not apply to anyone whom adds additional bandwidth before exceeding his or her allotment.
DISK SPACE OVERAGE:
Usage that exceeds original plan allotment (without upgrading prior to exceeding the allotted amount) is subject to Rs. 10 per 1 MB of disk space (one time fee). This does not apply to anyone whom adds additional disk space before exceeding his or her allotment.
SERVER DATA STORAGE & BACKUPS:
Client is aware that it is their responsibility to frequently backup any information that they host on our servers. We are not responsible for any files, scripts, coding, or data that may be lost, corrupted or abused in a server-related issue. aCUBE Technologies is not responsible for recovering any damaged or lost files. Regardless of the plan and options purchased, aCUBE Technologies backup plans are offered as a convenience only, and aCUBE Technologies does not guarantee the existence, accuracy, or regularity of backup services and, therefore, Client is responsible for making back-up files in connection with their use of the Services. Client is solely responsible for independent backup AND SAFEKEEPING of ANY CLIENT data stored on aCUBE Technologies and partner RESOURCES.
SUPPORT:
aCUBE Technologies has set 24x7 support via the support ticket system as a goal. There may be times however, e.g. due to technical system problems, network problems or staff illness, when support is temporarily unavailable. In these cases, aCUBE Technologies will work to restore 24x7 support as soon as reasonably possible, as determined by aCUBE Technologies.
You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Web Hosting services.
aCUBE Technologies is not responsible for correcting system software and/or server faults caused by your website or software installations (including, but not limited to, incompatible upgrades), but may offer to correct these faults at current labor rates.
PAYMENT:
Full payment is required in advance before hosting service is established. You grant aCUBE Technologies the right to debit the credit card or payment account you provided on the Order Form for services you signed up for on a recurring basis, until such service is cancelled by you in writing or is cancelled by aCUBE Technologies according to terms of this Agreement. If payment is not received by the renewal date, your account may be terminated.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to aCUBE Technologies fifteen (15) days before the renewal date that you do not wish to renew such account.
DISCLAIMER OF WARRANTY:
The Internet is a complex network of services, equipment, and providers of information, thus the Service may not be available to you at all times. aCUBE Technologies will pursue all resources and channels available to maintain availability to you, however, aCUBE Technologies is not responsible for any interruption in service or down time that may occur, whether or not due to the act or negligence of aCUBE Technologies. If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain(s) and/or hosting to another provider.
aCUBE Technologies MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither aCUBE Technologies nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, nonuse or non-availability of services provided herein, whether or not such damages resulted from the negligence of aCUBE Technologies, even if aCUBE Technologies has been advised to the possibility of such damages.