Terms Of Service
BharathTechnologies.com provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to ensure this intent is met.
Money Back Guarantee:
All shared clients are entitled to an unconditional 30day money back guarantee. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up, please use the cancellation form in the support center prior to your 30th day of service. This guarantee includes the hosting plan only and does not include extra services or setup fees such as add-ons, name servers, programming work, administrative fees, software licenses, or web designing.
All cancellations must be sent using the cancellation form in the support center/dashboard. Cancellations are effective the date the form is submitted unless otherwise request. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you're cancelling within the 10 money back guarantee period less any setup provisioning fees. Any due or past-due balance on your account must be paid in full to cancel. This does not include any added support or service fees you have contracted us to provide.
Until an account is officially cancelled via cancellation form you are obligated to pay for your account even if you do not use it. It costs us on an on-going basis to provision space, power, and bandwidth for services of our clients. We continue to provision those services for your use until you cancel with us therefore we cannot know if you are not using the space after we have provisioned it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers.
If our internal collection efforts fail, BharathTechnologies reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action at clients expense. We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating. We place our highest priority on current clients as such cancellations are the lowest priority and may take up to 30 days to process. Cancellations will however be effective as per the effective date of the cancellation form as entered by the client. Our system will prevent future billings.
Only first-time accounts are eligible for a refund. Refunds only apply to the money back guarantee. There are no refunds on domain name registrations, dedicated servers, colocation services, service add-ons, software licenses, administrative fees, support or install fees. Account renewals and recurring payments after the money back guarantee are non-refundable. We will not refund accounts that do not cancel before their next due date. Meaning, while cancelling, your last payment made prior to cancelling will not be refunded. Client may request a cancellation date that matches the service end date.
Contact & Billing Information:
You must provide us with, and keep current, accurate contact information for you. This includes but is not limited to E-mail addresses not based on the main domain of your account and telephone contacts. Maintaining accurate and updated information with us is required. It is your responsibility to ensure the email address on file is current or up to date at all times. We are not responsible for any claim, damages, fees, or otherwise as a result of accounts terminated or suspended due to inaccurate or unusable contact information. Providing false contact information of any kind may result in the termination of your account. You can update this information at any time in your client dashboard, email, or by telephone.
While we maintain the highest standards and try for near instant account activations this is not always possible. Certain account types such as dedicated servers, virtual private servers, and colocation services may often require a great deal of extra time to provision. At times additional fraud checks or information may be needed, and the client agrees to provide said information in a timely manner. We make no guarantees in regards to the speed in which an order is completed. Accounts will only enter the setup queue once we have received payment and screened the order for fraud. Accounts are then setup in the order they are paid, received, and screened. In certain cases such as dedicated or virtual private servers purchases and other high risk transactions, it may be necessary to provide government issued identification and a scan of the credit card used. If you fail to meet any requirements, the order may be cancelled without notice.
In certain cases where requested by the client we will transfer your data from the previous provider to our servers. This will be done with our best efforts; however, we do not guarantee the transfer process. This courtesy service is done on an as requested and as available on a case-by-case basis. Each provider may use different software, configurations, and/or other variables which complicate or in some cases prevent a smooth transfer. We will provide free transfers when possible as long as the new environment and control panel are the same as the old host/server. We will advise you if your free move is not possible and what the rate will be if you wish us to proceed at that point. We do not guarantee the transfers will be successful, complete, or done in a certain period of time.
You are also requesting us to register your site for you when selecting "new domain" in the order form of our site. BharathTechnologies will register such services for you on your behalf but it is your responsibility to ensure the correct name servers are set for your domain. All domain registrations are NON-REFUNDABLE. For free domain offers we will transfer domains only after the money back guarantee period has ended. You, as the registrant of the new domain, are required to ensure correct whois information is maintained at all times.
BharathTechnologies reserves the right to change pricing terms on any accounts and services at any time. While we have little control over third party licencing where prices can go up outside of our control, we will never increase an existing client's webhosting account plan price. However, add-ons such as domains, whmcs, control panels, ip's, etc. are licensed from third parties and therefore are subject to change including any items currently provided free. New accounts for current customers are subject to the current fees at the time the new account is opened.
Billing and Payments:
You agree to pay BharathTechnologies in advance for the services to be rendered. Subsequent payments are due on the anniversary date of your plans term. You agree that until and unless you notify us using the proper cancellation form for all services received, those services are considered active, billable, and will be billed on a recurring basis. Client agrees to all annual and longer term recurring charges that are not cancelled at least 30 days before the next renewal date. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. BharathTechnologies reserves the right to bill your credit card or information on file. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced. BharathTechnologies provides a 5 day grace period from the time invoices are generated, however invoices not paid by due date are subject to a late fee of $7.50 (seven dollars and fifty cent USD) plus 10% (ten percent) interest of the past due amount. Service will be interrupted on accounts that are 5 days past due. Service interrupted for non-payment will remain disconnected until the account balance or contract term is paid in full.
Invoices that are paid more than once or any other over-payments can only be added as credit towards the account and cannot be refunded. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will result in a $50 administrative fee in addition to the disputed charge before service can be restored. We may request payment in cashier's check or money order before restoring service. All billing disputes must be reported within 30 days of the time the dispute occurred. BharathTechnologies may temporarily deny service or terminate this Agreement upon the failure of client to pay charges when due. Such termination or denial will not relieve client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
You are responsible for any and all content in and under your site or account at all times. All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. Use of our services to infringe upon any copyright or trademark is prohibited.
We do permit legal adult content on dedicated servers, colocation services, and VPS accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials. We reserve the right to determine the definition of "adult content" as it pertains to our services.
Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. This includes but is not limited to unauthorized copying of movies, music, books, photographs, or any other copyrighted work. We do not allow any content that may be construed as offensive or illegal including, but not limited to pirated software, bit torrents, IRC, Proxies, hacker programs/archives, copyrighted MP3′s, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, or material protected by trade secrets and other statutes. Any site found to host perceived child pornography or linking to child pornography will be suspended immediately without notice and reported to authorities. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are prohibited.
Threats and unlawful conduct:
You may not use our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another company or individual will result in immediate and permanent termination of your account(s).
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Impersonation involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits:
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
We do not allow programs to run continually in the background on shared hosting servers. You can run any legal daemons on your own VPS or Dedicated server except for IRC and Proxy services. This is to minimize system resources used and operational maintenance needed. IRC: We DO NOT allow IRC or IRC bots on our network. Proxy: We DO NOT allow proxy services on our network.
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We 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.
If our system administrators determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question to preserve server integrity for other users. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degradation to other clients services. The Company is the sole arbiter as to what constitutes a violation of this provision. Clients will not use more than 10% of a systems resource for longer than 1 minute or more than 10,000 inodes on any single account. Every file on a server is 1 inode. Clients reaching or exceeding this limit will be contacted so we can evaluate their needs and if necessary make other arrangements.
You may not use your shared or semi-dedicated accounts for file storage of other accounts, backups, storing backups of dvd's, mp3′s, or any files larger than 20MB. Large and plentiful files used in this manner on an active system can cause file system corruption and lead to not just your own data loss but that of others.
You may not send more than 100 emails per hour on your shared, semi-dedicated or reseller accounts. Any emails over that limit will be discarded. You may batch the emails to stay within limits. Other accounts types such as VPS and Dedicated servers are exempt from this limit.
Your account is provisioned with a monthly bandwidth allowance that varies depending on the hosting plan you order. If your account exceeds the allocated amount we reserve the right to suspend the account until the start of the next month, until you upgrade to a higher plan, or until you purchase more bandwidth. If you terminate the account you are still responsible and liable for any current usage and associated fees for the overages. Bandwidth limits on shared and semi-dedicated plans are divided into daily equal limits that reset each night. I.e., 300 GB month / 30 days = 10 GB day. Data transfer usage for dedicated servers is calculated using 95th percentile, also known as burstable billing, in order to assist clients from heavy overage penalties should they experience unanticipated spikes in traffic.
Back-ups and Data Loss:
Clients use our services at their own risk. Our server software does create daily backups for users sites that you may download on your own. We do not store this file and it is for your own use should you choose to use it. We perform daily backups on all of our servers to ensure critical files are never lost. We provide this costly service free with no warranty and only as a courtesy. Any site using more than 25GB space will be removed from the backup service. You may opt to purchase backup service for an additional fee. We will not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive or additional backup service. If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), there will be a $15 fee for restoring the files. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood.
BharathTechnologies will cooperate with law enforcement agencies. We will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpoena or lawful request.
We are not responsible for any claims resulting from the use of our service. We are not responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for any services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, client agrees that the company shall not be liable for any damages, loss, or injury
We reserve the right to revise, amend, or modify these terms and our other policies at any time and in any manner without notice. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. All clients understand that a change these terms by the BharathTechnologies shall not be grounds for early contract termination or non-payment.